Question 1

Why would I need a death affidavit?

Accepted Answer

Losing a loved one is difficult for everyone. On top of grieving and finalizing any preparations for the memorial, there are legal affairs and estate matters that you also have to take care of. But you can’t walk into a bank to close another person’s account without legal proof of that person’s passing. Thus, the affidavit does this for you by legally proving that the account holder has died and aiding in the transfer and distribution of the deceased’s property.

Question 2

What are the consequences of not having an affidavit of death?

Accepted Answer

Most businesses, agencies, and courts require proof of a person’s death before granting another person access to the deceased’s personal files and accounts. Otherwise, you will not be able to act on their behalf. While the extra time and effort of securing the affidavit might seem a bit inconvenient, it’s one way for private and government institutions to protect a person’s assets and reduce the likelihood of fraud.

Question 3

What happens if a person lies in an affidavit?

Accepted Answer

If an estranged spouse or parent tries to collect a certain property without your knowledge and consent, making false claims in an affidavit will only lead to bigger problems. The criminal and civil consequences for such actions may vary according to state laws, but it’s safe to say that the legal issues that arise from committing an act of perjury is enough reason to tell the truth and adhere to the lawful process of things.

Question 4

Do I need a death certificate to accompany the affidavit?

Accepted Answer

An affidavit has its limitations, which is why supplemental documents are necessary for further proof of a fact. Majority of the time you’ll need a death certificate to accompany the affidavit of death when processing papers at a private or government agency. While some states don’t limit the access to these records from the public, others only allow blood relatives or spouses of the deceased to obtain the certificate from the Department of Vital Records. Legal guardians, caregivers, or beneficiaries may also acquire the certificate, provided that a court order or power of attorney is in place.

Question 5

Does an affidavit expire?

Accepted Answer

Affidavits generally do not have an expiry date. However, it is possible for an affidavit to have conditions that will lead to its termination. Note that an affidavit is only valid for as long as the claims made in the document remain true and correct. If there is any evidence that challenges the information included in the affidavit, it may no longer be accepted in court.

Affidavit

What is an Affidavit?

Affidavit of Death

General Affidavit

Undertaking Affidavit

Guardianship Affidavit

Discrepancy Affidavit