Death is an eventuality that we all have to prepare for. So when a person dies without leaving a will, it often causes legal complications especially if the dead person had debts, trust funds, or other assets. Issuing an affidavit of death is often the best route when intestacy happens.
The use of affidavits also applies to various legal documentation required when a person dies without leaving a will. For example, to begin intestate proceedings, the decedent’s (the person who died) next of kin may fill out an affidavit of death to prove the person’s death manage the decedent’s Trust.
Affidavit Death of Trustee
Free Affidavit of Death
Affidavit Death of Joint Tenant
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What is an Affidavit of Death?
An Affidavit of Death is a written sworn declaration attesting a person’s death. A lawyer or notary public is usually required to witness the signing of this document. There are various types and formats of death affidavit forms in PDF depending on the state, country, and business establishment requiring it.
An Affidavit for Death of Trustee form is used for notifying a decedent’s Trust fund manager. It is usually filled out by the successor of the trust fund if he/she is of legal age. The affidavit for death of joint tenant form is used for changing property ownership when one of the tenants dies.
How to Fill Out an Affidavit of Death Form
There are different types of death affidavit forms in Word in circulation today. So when filling out an affidavit of death form, you may take note of the following:
- Affiant (person filling out the affidavit) must be at least 18 years old.
- Accurately input the decedent’s last address and date of death.
- Other forms may also require for the decedent’s basic personal information like birth date and Social Security Number.
- Make sure that when signing the affidavit of death, another disinterested party acts as witness and/or a lawyer.
- Include decedent’s insurance policy numbers and/or bank account numbers if the form is for claiming death benefits from insurance companies.
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Affidavit of Death Guidelines
Writing Death Affidavit Forms can be complicated since it requires various forms of legalese. That is why it is best to consult a lawyer when first drafting an affidavit of death. Other guidelines you should follow when writing and using an affidavit of death are listed below:
Ask the decedent’s utility and insurance companies first if they require a certain standardized format for their Affidavit of Death forms.
When notarizing a Affidavit of Death, make multiple authenticated copies of it to submit to the various establishments that require the form.
Just like general affidavit forms, affidavit of death forms also need to be notarized by a lawyer or the form will not be valid and binding.
If you are looking to write your own death affidavit form, there are free resources online that you can customize and print out. Just make sure to have it notarized by a lawyer afterwards.
General affidavits of death may be filled out by a person who was taking care of the decedent prior to his/her death. This type of affidavit simply attests that the person witnessed the death. It is not necessary for the decedent’s heir or successor to act as affiant in a death affidavit especially if the decedent did not leave a will.
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