Affidavit of Death

What is the affidavit of death template?

An affidavit of death is a legally binding sworn statement used to confirm and document the death of a particular individual in order to transfer property, access accounts, or notify institutions of the decedent’s passing.

The affiant is a person who drafts the affidavit and should be an individual of at least 18 years of age and sound mind.

While the federal law does not define any specific content for an affidavit of death form, the following mandatory provisions must be included:

• identification details about an affiant and a deceased person;
• details of a transferred property or assets;
• statement regarding the absence of debt;
• an affiant’s oath of affirmation;
• an affiant’s signature and date of signing.

This document serves a dual purpose. On the one hand, an affidavit of death is an official notification for state authorities, insurance, banks, or other institutions about the fact of a person’s death. On the other hand, this affidavit also allows a person to express and record their interest in certain property or assets of a deceased person.

An affidavit of death could be used for various purposes:

• as an affidavit of death of joint tenants to confirm either’s purpose right of survivorship;
• as an affidavit of death of the transferor of certain assets or property;
• as a general affidavit of death.

What information to include in the affidavit of death form?

An affidavit of death template is a simple document that aims to record the fact of a person’s death. At the same time, inclusion of certain clauses is essential to make the document complete. Those essential clauses are the following:

Details of the Deceased Person

The text of each affidavit of death form must identify an affiant and a deceased person involved in the document.

For an affiant the following information should be included: full name, residential address, relation to a deceased person (e.g., father, auntie), and date of signing the affidavit. For a deceased person, an affiant must include their full name, date and place of birth, and social security number.

It is important to attach a Certificate of Death confirming information given in the text of an affidavit.

Details of the Property or Assets

Another important pillar of an affidavit of death form is the description of property or assets involved. In particular, an affiant shall describe the assets in which an affiant holds their interest. This could be any property or asset, including real estate, shares, stocks, vehicles, money, crypto, etc.

Statement of Debt

The text of a well-drafted affidavit of death must confirm the absence of outstanding debts that may affect the total value of the residue. The debts include not only financial obligations of a deceased person incurred during their life but also funeral or burial expenses.

Statement That the Information Is True

Every affidavit of death form must contain an oath section. This is where an affiant states that all the provided information is accurate and true to the best of their knowledge. An affiant must know that if information provided in the document is faulty or misleading, an affiant may encounter criminal charges. Providing false information in the affidavit is a criminal offense.

Notarization

The last and most important step in drafting an affidavit of death is its further notarization. Without undergoing the mandatory notarization process, this document cannot become legally valid.

Here are some important legal considerations to keep in mind when notarizing this document:

• First, an affiant must put their signature on the document. It could be done in the presence of a notary or online—both ways are acceptable.
• Second, an affiant can notarize the document by choosing any notary of their choice. Most people prefer to pick up a notary from their county.
• Third, the notarization of a document itself does not confirm information being true. It simply records that an affiant has signed an affidavit of death form before the notary public.

How to customize an affidavit template at FasterDraft?

To get a tailored legal document for your needs, follow a few easy steps below:

1. Click the “Create Document” button.
2. Answer simple questions in the form.
3. Select a template’s format—affidavit of death form PDF or Word.
4. Make a payment.
5. E-sign, download, and do not forget to notarize the document to make it legally valid.