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REAL ESTATE / ESTATE PLANNING - AFFIDAVIT OF DEATH - An Affidavit of Death is a sworn statement, often notarized, attesting to the fact of someone's death, used to verify and facilitate legal and administrative processes like estate settlement, asset transfer, and updating records.

 

Use Cases:

  • Estate Settlement: It can be used to initiate the process of settling the deceased person's estate, including identifying heirs and distributing assets. 
  • Asset Transfer: It can help facilitate the transfer of assets, such as real estate or financial accounts, to the rightful beneficiaries. 
  • Updating Records: It can be used to update records with various entities, such as banks, insurance companies, and government agencies, to ensure that the deceased person's name is removed from relevant accounts and records. 
  • Closing Accounts: It can be used to close the deceased person's accounts, such as bank accounts, credit cards, and other financial accounts. 

 

Key Features:

  • Sworn Statement: It is a formal, written statement that the person making it (the "affiant") swears to be true under penalty of perjury. 
  • Notarization: Many affidavits, including those of death, require notarization to be legally valid, which means they are signed in front of a notary public who verifies the identity of the affiant. 
  • Firsthand Knowledge: The affiant should have firsthand knowledge of the deceased person's death. 
  • Specific Information: The affidavit typically includes the full name of the deceased, the date and place of death, and the affiant's relationship to the deceased. 

 

Types of Affidavits of Death:

  • Affidavit of Surviving Spouse or Domestic Partner: Used when married couples or registered domestic partners own real estate together, allowing the surviving spouse to record the affidavit along with a certified copy of the death certificate. 
  • Affidavit of Death of Transferor (Transfer on Death Deed): Used when the beneficiary under a Transfer on Death Deed needs to transfer the property. 

 

Difference from a Death Certificate:

  • While both documents relate to death, a death certificate is a formal, official record of death issued by a government agency, while an affidavit of death is a sworn statement used to verify the death for legal purposes. 

 

Does not include any State or Federal Court Fees or any Third-Party Costs such as County Recorder or E-Filing Fees. 

REAL ESTATE / ESTATE PLANNING - AFFIDAVIT OF DEATH (Nationwide)

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  • REAL ESTATE / ESTATE PLANNING - AFFIDAVIT OF DEATH - An Affidavit of Death is a sworn statement, often notarized, attesting to the fact of someone's death, used to verify and facilitate legal and administrative processes like estate settlement, asset transfer, and updating records.

    Use Cases:

    • Estate Settlement: It can be used to initiate the process of settling the deceased person's estate, including identifying heirs and distributing assets. 
    • Asset Transfer: It can help facilitate the transfer of assets, such as real estate or financial accounts, to the rightful beneficiaries. 
    • Updating Records: It can be used to update records with various entities, such as banks, insurance companies, and government agencies, to ensure that the deceased person's name is removed from relevant accounts and records. 
    • Closing Accounts: It can be used to close the deceased person's accounts, such as bank accounts, credit cards, and other financial accounts. 

    Key Features:

    • Sworn Statement: It is a formal, written statement that the person making it (the "affiant") swears to be true under penalty of perjury. 
    • Notarization: Many affidavits, including those of death, require notarization to be legally valid, which means they are signed in front of a notary public who verifies the identity of the affiant. 
    • Firsthand Knowledge: The affiant should have firsthand knowledge of the deceased person's death. 
    • Specific Information: The affidavit typically includes the full name of the deceased, the date and place of death, and the affiant's relationship to the deceased. 

    Types of Affidavits of Death:

    • Affidavit of Surviving Spouse or Domestic Partner: Used when married couples or registered domestic partners own real estate together, allowing the surviving spouse to record the affidavit along with a certified copy of the death certificate. 
    • Affidavit of Death of Transferor (Transfer on Death Deed): Used when the beneficiary under a Transfer on Death Deed needs to transfer the property. 

    Difference from a Death Certificate:

    • While both documents relate to death, a death certificate is a formal, official record of death issued by a government agency, while an affidavit of death is a sworn statement used to verify the death for legal purposes. 

    Does not include any State or Federal Court Fees or any Third-Party Costs such as County Recorder or E-Filing Fees. 

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