Fillable Form Affidavit of Death
An Affidavit of Death is a legal document used to verify the passing of an individual and provide information about the deceased, their assets, and their beneficiaries. The form typically includes information such as the name, date of birth, and date of death of the deceased, as well as information about their assets and beneficiaries.
What is an Affidavit of Death?
An Affidavit of Death is a legal document used to verify the death of an individual. This document is typically required by financial institutions, government agencies, and other entities in order to transfer assets, cancel accounts, and settle estates.
The affidavit can also be used alongside a death certificate for various purposes related to a person’s death and the distribution of their assets. In order to create an affidavit of death, the individual filling out the form must have personal knowledge of the death and be able to provide accurate information about the deceased and their assets. This usually means that the affiant will be a representative of the deceased, their family, or estate, or is themselves a close family member that was entrusted with the responsibility of distributing the deceased assets.
How do I fill out an Affidavit of Death?
An Affidavit of Death requires information about the person filing the form (the affiant, also known as the representative of the deceased’s estate), the deceased’s date of passing, their place of residence, social security number, and their estate.
State and County
Enter the state and county that the affidavit is being filed in.
Name of Affiant
Enter the full legal name of the person filing this form.
Date
Enter the date that the affidavit is being filed on.
Relation to Estate
Check the relevant box that indicates the relationship of the person filing this affidavit to the deceased’s (hereafter referred to as the decedent) estate. You may choose one of the following:
Purpose of Affidavit
Check the relevant box that indicates the purpose of this affidavit. You may choose one of the following:
Date of Death
Enter the date that the decedent died.
Decedent’s Residence
Enter the residential address information of the decedent as of the time of their death. Then enter how long they had been living there.
Decedent’s Social Security Number
Enter the decedent’s Social Security Number (SSN).
List of Exhibits to the Affidavit
Check the relevant box that corresponds to the list of documents that you are providing as exhibits to the affidavit. You may choose one of the following:
Signature
Have the affiant sign the form on the space provided.
Notary Acknowledgement
This section should be filled out by a notary. Make sure to sign the form specifically in the presence of a notary, so they can properly witness the signing.
State and County
Enter the state and county that the notary operates in.
Date of Notarization
Enter the date that the affidavit was notarized.
Name of Affiant
Enter the name of the affiant.
Signature and Name
Have the notary sign the form and enter their full legal name on the spaces provided.
Commission Expiry
Enter the date that the notary’s commission expires.
Frequently Asked Questions (FAQs)
What is an Affidavit?
Affidavits are a type of legal document used by individuals to certify that a statement they are making is true. Such forms often need to be notarized in order to ensure that no fraud is committed and that all parties involved, both the party that is asking for an affidavit and the person filing an affidavit, are assured that the statements being made are, as sworn under oath, completely true.
Are affidavits legally binding?
Yes. Filing an affidavit legitimizes the claim made by the person filing it, meaning that they are not only fully aware of all information that has been written into an affidavit, but they are taking an oath that everything that has been stated is 100% true and honest.
How do I get an affidavit notarized?
You may avail of the services of a notary online or by contacting a nearby notary office. This will generally require that you provide an ID to the notary, and only sign the form when the notary is there to witness it.
Can another person file an Affidavit of Death on my behalf?
Yes, simply write a letter granting that person authorization to do so. In some states, however, there may be specific rules and procedures for granting another person the authority to file legal documents on your behalf, so make sure to check beforehand. In the case of an Affidavit of Death, extra information may or may not be required to explain why you are passing the responsibility of filing the document to someone else.
Is there a deadline to file an Affidavit of Death?
The deadline to file an Affidavit of Death depends on the specific purpose and context for which an affidavit is being used. Make sure to check to see if there are any particular deadlines or dates by which an affidavit should have been provided.
Can an Affidavit of Death be obtained online?
It depends, but generally, yes. However, even in cases where it is possible to have the affidavit written out and signed electronically, it will often still need to be printed out and notarized in order to be properly filed.
What happens if wrong information is put on an affidavit?
Providing false information on an affidavit can have severe legal consequences, including but not limited to being charged with perjury alongside all other consequences incurred for providing the wrong information. In the case of an Affidavit of Death specifically, the affiant (and the person whose “death” was being certified) will face charges related to any fraudulent or illicit activity they committed in lying about a person’s death.
What is the difference between swearing to the truth of an affidavit and affirming the truth of an affidavit?
Swearing is where a person who believes in a god can swear by their god that an affidavit is true. Usually, you will hold a Bible or other relevant holy book to hold while you swear the oath. If you do not have any religious beliefs you may affirm that an affidavit is true. An affirmation is a solemn declaration of truth, without any reference to a god. As long as you have either ‘sworn’ or ‘affirmed’ the truth of an affidavit in the presence of a qualified witness, it does not matter which one you have chosen.
How do I make corrections to an Affidavit of Death?
Depending on the institution or agency that requires the form, you may need to fill out a new Affidavit of Death with the corrected information or provide a written explanation of the corrections on the existing form. If you are submitting a corrected form, it is important to clearly label it as a corrected version and to provide a reason for the corrections.
How long does it take to receive the assets listed on an Affidavit of Death?
The time it takes to receive the assets listed on an Affidavit of Death can vary depending on several factors, such as the type and value of the assets, the institution or agency that requires the form, and the completeness and accuracy of the information provided on the form. In some cases, the assets may be transferred within a few weeks, while in other cases it may take several months or longer.
What is the difference between an Affidavit of Death and a will?
An Affidavit of Death is a document used to verify the passing of an individual and provide information about the deceased, their assets, and their beneficiaries. A will is a document that outlines how a person's assets and property should be distributed after their death. It may also include instructions on other matters, such as the care of minor children and the appointment of an executor to manage the estate.
Is an Affidavit of Death required if the deceased had a will?
Yes, an Affidavit of Death may still be required even if the deceased had a will. While a will outlines how a person's assets and property should be distributed after their death, it does not provide specific information about the deceased, their assets, and their beneficiaries that may be required by financial institutions or government agencies to facilitate the transfer of assets and manage the deceased's estate.
Is an Affidavit of Death the same as a death certificate?
No. An Affidavit of Death is prepared by a representative, while a death certificate is provided by the government. They are also used for different purposes. In fact, a death certificate is generally considered to be required to be submitted alongside an Affidavit of Death.
Can I use an Affidavit of Death in all countries?
Not necessarily. While an Affidavit of Death is a common legal document all over the world, different countries may have different rules about how and when they are considered valid for use.
Can I ask for legal advice while filing an Affidavit of Death?
Yes. Note, however, that while notaries may themselves be legal professionals, they are not obligated to provide advice to any parties involved with the filing of the form. Make sure to consult a different legal professional if you require aid or advice as you file the affidavit.