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Affidavit of Death Template – Free Download 2026

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Electronic Signature with Notarization

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When Do You Need a Affidavit of Death?

A joint tenancy co-owner has passed away and the surviving owner needs to file an affidavit of death with the county recorder to remove the deceased person from the property title under the right of survivorship without going through probate.

A spouse who held property as tenancy by entirety has died and the surviving spouse needs to clear the title to the property by recording an affidavit of death along with a certified death certificate in the county where the property is located.

A financial institution, brokerage firm, or insurance company requires a sworn statement confirming the account holder's death before releasing assets to the named beneficiary or the estate. The affidavit serves as a supporting document alongside the certified death certificate.

The decedent's name appears on a deed, vehicle title, or other ownership document and needs to be removed so the surviving owner or heir can sell, refinance, or transfer the asset. An affidavit of heirship may be needed in addition if the property was not held in joint tenancy.

A transfer-on-death deed was executed by the decedent and the beneficiary needs to record an affidavit of death to activate the transfer and obtain clear title to the property without probate proceedings.

You need to update county land records to reflect that a property owner has died, which is necessary for tax assessment purposes, homestead exemption adjustments, and maintaining accurate public records at the county recorder office.

What Should a Affidavit of Death Include?

Affiant Information

Identify the person making the affidavit (the affiant) by full legal name, address, and relationship to the deceased. The affiant is typically the surviving joint tenant, surviving spouse, executor, or personal representative of the estate.

Decedent Information

State the decedent's full legal name (including any aliases or former names), date of birth, date of death, place of death, and Social Security number (last four digits). The information must match the certified death certificate that will be attached to the affidavit when filed.

Property Description

For real property, include the complete legal description as it appears on the deed, the street address, county, and state. For a joint tenancy property, reference the recording information (book and page number or instrument number) of the deed that established the joint tenancy.

Ownership Structure

Describe how the property was held: joint tenancy with right of survivorship, tenancy by entirety, community property with right of survivorship, or under a transfer-on-death deed. The ownership structure determines whether the property passes automatically to the survivor or requires additional legal proceedings.

Death Certificate Reference

State that a certified death certificate is attached as an exhibit to the affidavit. The death certificate must be a certified copy issued by the vital records office, not a photocopy. Most county recorders require the certified copy to be filed alongside the affidavit.

Legal Effect Statement

Include a statement describing the legal effect of the death on the property ownership. Under California Probate Code Section 210, the affidavit must contain a description of the manner in which title was held and a statement that the decedent's interest terminated upon death by operation of law.

Notarization

The affidavit of death must be signed before a notary public who verifies the affiant's identity and administers an oath. Once notarized, the affidavit is filed with the county recorder in the county where the property is located. The recorder indexes the document and it becomes part of the public land records.

Signature Requirements

Electronic Signature with Notarization

The affiant must sign this affidavit under oath before a notary public. Notarization is mandatory because this is a sworn statement that will be recorded in public records to transfer property ownership. County recorder offices will not accept unnotarized affidavits of death.

Notarization Required

How to Fill Out a Affidavit of Death

1

Identify Yourself as Affiant

Enter your full legal name, current address, and your relationship to the deceased (surviving joint tenant, surviving spouse, executor, or beneficiary). You are swearing under oath that the information in the affidavit is true and correct.

2

Enter Decedent Information

Fill in the decedent's full legal name, date of birth, date of death, and place of death. If the decedent was known by other names, list each name. This information must match the certified death certificate exactly.

3

Describe the Property

Enter the complete legal description of the property from the existing deed. Include the street address, county, state, and the deed's recording information (instrument number or book and page). For vehicles or financial accounts, enter the relevant identifying information.

4

State the Ownership Structure

Identify how the property was owned: joint tenancy, tenancy by entirety, community property with right of survivorship, or transfer-on-death deed. Reference the document that established this ownership form and its recording information.

5

Attach the Death Certificate

Obtain a certified death certificate from the state or county vital records office. Attach it to the affidavit as Exhibit A. Most county recorder offices will not accept the affidavit without a certified copy of the death certificate.

6

Notarize and Record

Sign the affidavit before a notary public who administers the oath and applies their seal. File the notarized affidavit with the attached death certificate at the county recorder office in the county where the property is located. Keep certified copies for your records and for presenting to lenders, title companies, and financial institutions.

Affidavit of Death Requirements by State

Affidavit of Death laws and requirements differ across states. Key variations include specific language requirements, notarization mandates, witness requirements, filing deadlines, and enforceability standards. Our templates incorporate state-specific provisions when you select your jurisdiction.

For the most comprehensive state-specific version, use our AI generator which automatically applies your state's legal requirements.

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Free Template vs Custom Affidavit of Death

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Basic affidavit of death format
Property description and recording sections
State-specific statutory complianceCalifornia, Texas, Florida, etc.-
Joint tenancy and survivorship language-
Attorney review and customization-
Digital download (PDF/Word)

Affidavit of Death Template FAQ

What is an affidavit of death?
An affidavit of death is a sworn legal document that formally confirms a person has died and establishes the legal effect of that death on property ownership or financial accounts. It is most commonly used to remove a deceased joint tenancy owner from a property title so the surviving owner can hold clear title. The affidavit is signed under oath, notarized, and filed with the county recorder to become part of the public land records.
What is the difference between an affidavit of death and a death certificate?
A certified death certificate is an official government document issued by the vital records office that records the fact, date, place, and cause of death. An affidavit of death is a private sworn statement that connects the death to a specific legal consequence, such as the termination of a joint tenant's interest in property. The death certificate proves the death occurred; the affidavit explains what happens to property or assets as a result. Both documents are typically filed together with the county recorder.
Who can file an affidavit of death?
The surviving joint tenant, surviving spouse, executor or personal representative of the estate, or a beneficiary named in a transfer-on-death deed can file an affidavit of death. The person filing must have personal knowledge of the decedent's death and the property ownership arrangement. Some states also allow an attorney or authorized agent to file on behalf of the eligible party.
Does an affidavit of death need to be notarized?
Yes, an affidavit of death must be notarized because it is a sworn statement made under oath. The affiant signs the document before a notary public who verifies the affiant's identity, administers an oath, and applies the notary seal. The county recorder will not accept an affidavit for recording unless it has been properly notarized. Making false statements in a notarized affidavit constitutes perjury.
When do you need an affidavit of death?
You need an affidavit of death whenever a property co-owner or account holder dies and the ownership needs to be updated in official records. Common situations include clearing title on joint tenancy property, activating a transfer-on-death deed, removing a deceased spouse from tenancy by entirety property, and presenting to financial institutions to release assets. Title companies require the affidavit before they will insure a property where an owner of record has died.
Can an affidavit of death transfer property?
An affidavit of death does not transfer property by itself. Rather, it documents and confirms a transfer that has already occurred by operation of law. When property is held in joint tenancy with right of survivorship, ownership automatically passes to the surviving joint tenant at the moment of death. The affidavit simply provides the public record evidence that this automatic transfer has occurred, allowing the county recorder to update the records and title companies to insure the property.
How do you remove a deceased person from a property title?
To remove a deceased person from a property title, the surviving owner files an affidavit of death along with a certified death certificate at the county recorder office in the county where the property is located. For joint tenancy property, this is typically all that is needed. For property not held in joint tenancy, the heirs may need to go through probate or file an affidavit of heirship to establish their right to the property.
What is an affidavit of death of joint tenant?
An affidavit of death of joint tenant is a specific type of affidavit filed when one co-owner of joint tenancy property dies. It confirms the death, identifies the property, references the deed that created the joint tenancy, and states that the decedent's interest terminated upon death under the right of survivorship. Under California Probate Code Section 210, this affidavit must be recorded with the county recorder to clear the title. The surviving joint tenant then holds the property free of the decedent's interest.

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Reviewed by licensed attorneys · Editorial policy · Last updated March 2026

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