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Affidavit of Death

This Agreement is entered by and between Jonas Adam, individually or collectively as the "Signee" and Jane Smith, as the "Signer", together referred to as the "Parties".
The Contract is dated [the date both parties sign].

1. Agreement terms

The Parties agree that the following agreement is dependent on the terms presented as follow:

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Affidavit of Death

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What is an Affidavit of Death?

An Affidavit of Death is a legal document that can be used to notify businesses, courts, and other places when someone dies. It is a sworn statement that needs to be notarized, and legally announces the death of someone. Typically, it used alongside a death certificate. 

An Affidavit of Death will need to be signed in the presence of a licensed Notary Public, as this will make it a legally binding document.  

There will be a lot of affairs that the executor of an estate will need to close out when someone dies from bank accounts to real estate sales to disposing of possessions. An Affidavit of Death will help facilitate and make this task easier. 

When do you need an Affidavit of Death?

When someone dies, there are a lot of tasks that need to be taken care of. Likely, there might be car loans, credit card debt, mortgages, and other bank accounts to close out. You could even be the beneficiary of an inheritance. 

An Affidavit of Death will allow you to swear under oath that a person has passed away, and this will facilitate you to be able to complete tasks related to his death. 

A Death Certificate is not always enough. Some courts and banks will not allow paperwork to be completed without an affidavit, especially if you stand to inherit large sums of money. An Affidavit of Death will at minimum make your job a lot easier, and it might even be a requirement in some cases.

What if you don’t complete an Affidavit of Death?

When someone dies, it’s never easy. Not having an Affidavit of Death is only going to make it harder. There are several issues that can happen to you if an Affidavit of Death is not completed. As you work to close out accounts and move assets, you might find it quite difficult to accomplish these tasks without an affidavit. The government and courts are not going to turn accounts off and move money without formal documentation like a death certificate and an Affidavit of Death. Heirs will not be able to take possession of what was left to them without proof of death of the decedent. 

How do you fill out an Affidavit of Death?

When filling out and legal document, it can be a bit challenging. You might want to take a look at a sample affidavit before you try to fill it by yourself. You will be able to locate many samples online, but don’t forget that each state might have its own rules. Before filling out a legal document, be sure to review your state’s requirements to make sure you’re doing everything legally.  

After you look online at some sample affidavits, you’ll want to obtain an official Affidavit of Death form. If you have hired an attorney, his office should be able to provide this form for you. If not, you can always find a suitable form online.

Now that you’ve got the right form, you can move to the next step in filling it out. Like most legal forms, you’ll need to fill in basic information about yourself, including your name, birth date, and place of residency. In this case, you’ll also need to fill out similar information of the decedent. You’ll need is name, address, date of birth, date of death, and social security number. Most importantly, when you’re done, you will need to sign the form in the presence of a notary. This person will then also sign and date the document, which legalizes your affidavit. 

Notaries will always require you to show photo identification before you sign anything. This is so they can verify your identity accurately. Your photo identification just needs to have your full name and a picture to match what you look like in person.

Silhouette of Person Sitting Beside Body of Water
Filling out an Affidavit of Death should be an easy process, and it can help make things in the aftermath of death a smoother process (Source)

What information do you need for an Affidavit of Death?

You’re essentially trying to prove that someone died, in order to move forward to process out legal matters. You’ll need some basic information to complete this form. Since the form can be lengthy, make sure you’ve got all the necessary information together before you start filling it out. This way you won’t have to stop in the middle to go gather the information.

Decedent’s information

You should start by providing the decedent’s full, legal name, address, date of birth, and date of death.  After this, you’ll need to print the document to create a legally binding oath stating the information you provided is accurate. This is when you would ask the need the notary to sign your letter. 

If you are the executor of the estate, you’ll also need to input your information. This could include completing an Affidavit of Identity that will serve to verify your own identity. Before a bank is going to turn over assets to you, they’ll need to see proof of death and also proof of your own identity. 

Dependent’s information

If the decedent is leaving an inheritance to multiple heirs, you might also need their information. Have the names and addresses for anybody slated to inherit possessions for the decedent. 

Why should I get an Affidavit of Death?

Silhouette of Graves
Getting an Affidavit of Death will make legal proceedings after death a lot easier. (Source)

Legally, “dying” means that all possessions and debts of the deceased can be settled and divvied out. There might be attorneys involved, and there should be an executor of the estate appointed.

The easiest way to go about resolving all open debts, assets, and liabilities is to have both a death certificate and an Affidavit of Death. These forms are going to make life easier for the attorney and/or executor of the estate.

Some of the things an executor is going to have to deal with are loans, credit cards, property transactions, real estate, and monetary assets. In all cases, courts and officials are going to require proof of death before anyone can proceed with reconciling accounts.

It’s not possible to just walk into a bank and say someone died. Paperwork will need to be completed, and the first step is to get an Affidavit of Death to start the process. 

The general rule regarding affidavits of death

To verify some has died, have as much paperwork ready as possible that has the decedent’s legal name on it, and have his death certificate readily available.  It’s easiest to fill out an Affidavit of Death if you have all the information you need. 

If you have the information for the executor of the estate and any dependent of the diseased, you’ll want to have that ready to include as well. 

Other determinants

If it’s still challenging to fill out the Affidavit of Death, some other things might help. Try using one of the following items to help you with filling out this affidavit: 

  • A recent child support agreement – if the decedent was still paying child support when he passed, this agreement could help establish how much money the dependents are entitled to receive from the estate.  
  • Joint Venture Agreement – if the decedent was in business with anyone, this form would allow his business partners to claim some inheritance. 
  • Death Certificate
  • A copy of your mortgage statement. If the decedent owned a home with someone else, this paperwork would allow the other party to possibly inherit the whole house.
  • Notice of Intent to Vacate -  if the decedent was renting any property, and had already filed an intent to vacate, this form could be helpful in closing out any remaining rent due to the landlord.

If you need any additional help, your lawyer would be a great resource. There are also several other resources available online that can help you. 

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