Affidavit of Death
Affidavit of Death Generator
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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.
Sample Affidavit of Death Generated by Legal Tank
Affidavit of Death
Affiant Declaration
I, [____________] ("Affiant"), being duly sworn, depose and state the following under penalty of perjury. I am over the age of eighteen (18) and am competent to make this Affidavit. The statements herein are based on my personal knowledge.
Decedent Information
The decedent was: Full Legal Name: [____________]. Also known as: [____________]. Date of Birth: [____________]. Social Security Number: [____________]. Last Known Address: [____________].
Date and Place of Death
The decedent died on [____________] at [____________] (city, state). The cause of death was [____________]. The death certificate was issued by: [____________] County, State of [_____________], Certificate Number: [____________].
Relationship
My relationship to the decedent is: [spouse / child / sibling / parent / executor / administrator / other: ____________]. I have personal knowledge of the facts stated herein by virtue of this relationship.
View all 9 sections
Death Certificate
A certified copy of the death certificate [is / will be] attached to this Affidavit as Exhibit A. I certify that the information contained in the death certificate is consistent with my personal knowledge of the decedent's death.
Property and Assets
The decedent owned or had an interest in the following property and/or accounts relevant to this Affidavit: [real property at ____________ / financial accounts at ____________ / vehicles / other: ____________]. This Affidavit is presented for the purpose of [transferring title / accessing accounts / recording change of ownership / other: ____________].
Purpose
This Affidavit is made for the purpose of [____________], including but not limited to establishing the fact of death, facilitating the transfer of property, and providing notice to relevant parties and institutions.
Penalties of Perjury
I declare under penalty of perjury under the laws of the State of [_____________] that the foregoing statements are true and correct to the best of my knowledge, information, and belief. I understand that making a false statement in this Affidavit may subject me to criminal penalties.
Execution and Notarization
Signed and sworn to before me, a Notary Public, on [____________]. Affiant's Signature: [____________]. Notary Public Signature, Seal, and Commission Expiration Date.
What Is a Affidavit of Death?
An affidavit of death is a sworn legal document that formally establishes that a specific person has died. The most common form is the affidavit of death of joint tenant, which is used to remove a deceased co-owner from a property title when the property was held in joint tenancy with right of survivorship. When one joint tenant dies, their interest automatically transfers to the surviving joint tenant(s) by operation of law, but the county recorder requires a formal affidavit to update the public records and reflect the surviving owner's sole ownership.
Under California Probate Code Section 210, the surviving joint tenant must file an affidavit of death along with a certified death certificate with the county recorder's office in the county where the property is located. This filing clears the deceased person's name from the title, allowing the surviving owner to sell, refinance, or otherwise deal with the property without the legal complications of having a deceased person on the title. The same principle applies to property held as tenancy by entirety, a form of joint ownership available only to married couples in certain states.
An affidavit of death serves a different purpose than a death certificate. The death certificate is an official government document issued by the vital records office that certifies the fact, date, cause, and manner of death. The affidavit of death is a privately created sworn statement that provides additional context, such as the specific property affected, the nature of the co-ownership, and the surviving owner's identity and claim to the property. The affidavit connects the death certificate to the specific real property transaction.
Beyond joint tenancy transfers, affidavits of death are used to trigger transfer-on-death deed provisions, to initiate small estate affidavit proceedings, to notify financial institutions and government agencies of a death, and to support insurance claims. The affidavit is also necessary when the deceased person was a trustee of a joint living trust, a partner in a business entity, or a named party on bank accounts, investment accounts, or other financial instruments.
| Property Ownership Type | What Happens at Death | Affidavit of Death Needed? |
|---|---|---|
| Joint Tenancy (Right of Survivorship) | Automatically transfers to surviving tenant | Yes, to update public records |
| Tenancy by Entirety | Automatically transfers to surviving spouse | Yes, to clear title |
| Tenants in Common | Deceased tenant's share goes through probate | No, requires probate or small estate proceeding |
| Community Property with Survivorship | Automatically transfers to surviving spouse | Yes, to record the transfer |
Why You Need a Affidavit of Death
Remove a deceased joint tenant from a property title so the surviving owner can sell, refinance, or transfer the property without title complications. Our free affidavit of death template includes all required fields for county recorder filing.
Comply with California Probate Code Section 210 and equivalent state statutes that require recording an affidavit of death to update public property records. Get a quote for your affidavit of death to ensure the document meets your state's recording requirements.
Avoid formal probate for jointly held property by documenting the automatic transfer of ownership through right of survivorship.
Trigger provisions of a transfer-on-death deed or Living trust agreement by providing documented proof of the owner's death to the county recorder.
Provide financial institutions, insurance companies, and government agencies with sworn documentation of a person's death to release accounts, process claims, and update records.
Establish a clear chain of title for the property, which is essential for future buyers and title insurance companies during subsequent property transactions.
Related Affidavits Documents
Affidavit of Death is often used alongside other affidavits documents. Depending on your situation, you may also need:
Key Sections in a Affidavit of Death
Decedent Identification
The affidavit must identify the deceased person by full legal name, date of birth, date of death, last known address, and Social Security number. If the decedent used any aliases, maiden names, or variations of their legal name on property documents, all such names must be listed to ensure the affidavit properly connects to all recorded documents.
Property Description and Ownership Type
For real property transfers, the affidavit must include the complete legal description of the property, the assessor's parcel number, the street address, the recording information of the deed that created the joint tenancy or tenancy by entirety, and a clear statement of the type of co-ownership. The description must match the existing deed exactly to ensure proper recording.
Certified Death Certificate Attachment
A certified death certificate issued by the appropriate state or county vital records office must be attached to the affidavit. Informational copies or photocopies are not accepted. The certified copy must bear the official seal or stamp of the issuing authority. Some county recorders require the original certified death certificate rather than a certified copy.
Surviving Owner Declaration
The surviving joint tenant or spouse must identify themselves, state their relationship to the decedent, confirm the nature of the co-ownership arrangement, and declare that they are the rightful surviving owner entitled to the property by operation of law under the applicable right of survivorship or tenancy by entirety statute.
Notarization and Recording
The affidavit must be signed under oath before a notary public and recorded with the county recorder in the county where the property is located. Under California Probate Code Section 210, there is no statutory deadline for recording, but prompt filing is recommended to avoid complications with future property transactions, tax assessments, or creditor claims.
Tax and Assessment Implications
Filing an affidavit of death may trigger a property tax reassessment in some jurisdictions, a change of ownership report, or a step-up in basis for capital gains tax purposes. The surviving owner should consult with a tax professional to understand the implications of the death and property transfer on their state and federal tax obligations.
Affidavit of Death Legal Requirements
California Probate Code Section 210 establishes the procedure for recording an affidavit of death of joint tenant with the county recorder to clear title.
A certified death certificate from the state or county vital records office must accompany the affidavit when filed with the county recorder.
The affidavit must be signed under oath before a notary public, and false statements constitute perjury under state law.
The legal description of the property in the affidavit must exactly match the description in the original deed creating the joint tenancy or tenancy by entirety.
Some states require a preliminary change of ownership report to be filed simultaneously with the affidavit for property tax assessment purposes.
Tenancy by entirety property transfers to the surviving spouse automatically upon death, but many states still require a recorded affidavit to update public records.
Common Affidavit of Death Mistakes to Avoid
Filing an informational or uncertified copy of the death certificate instead of a certified death certificate bearing the official seal of the issuing authority.
Using an affidavit of death when the property was held as tenants in common rather than joint tenancy, since tenants in common do not have right of survivorship and the deceased tenant's share must pass through probate or via a Last will generator.
Failing to include all names and aliases used by the decedent on property records, which can create discrepancies between the affidavit and the recorded deed.
Not recording the affidavit with the county recorder, which leaves the deceased person's name on the title and creates problems for future sales or refinancing.
Assuming the affidavit alone is sufficient for all asset transfers when certain assets like bank accounts, investment accounts, and vehicles may require separate documentation or procedures.
Neglecting to file a preliminary change of ownership report or other tax-related documents required by the county assessor's office when recording the affidavit.
Frequently Asked Questions About Affidavit of Deaths
What is an affidavit of death?
What is the difference between an affidavit of death and a death certificate?
Who can file an affidavit of death?
Does an affidavit of death need to be notarized?
When do you need an affidavit of death?
Can an affidavit of death transfer property?
How do you remove a deceased person from a property title?
What is an affidavit of death of joint tenant?
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