An Affidavit of Death is a sworn, notarized legal document in which the affiant (the person making the statement) attests under penalty of perjury to the facts surrounding an individual's death. It serves as a supplementary or substitute proof of death when an official death certificate is delayed, unavailable, or insufficient for a particular legal or financial transaction. The affidavit typically includes the decedent's full legal name, date and place of death, and the affiant's relationship to the deceased.

Under 18 U.S.C. 1621, providing false information in a sworn affidavit constitutes perjury, which carries criminal penalties including fines and imprisonment. This legal consequence gives the Affidavit of Death significant weight as evidence in legal and financial proceedings. State probate codes in virtually every jurisdiction recognize sworn affidavits as admissible evidence in estate administration.

The Affidavit of Death is distinct from a death certificate, which is an official vital record issued by a state or local government authority. While the death certificate is the primary proof of death, the affidavit serves a complementary role -- providing sworn testimony from someone with personal knowledge of the death, confirming relationships, and attesting to facts that may not appear on the death certificate, such as the decedent's domicile at the time of death or the identity of surviving heirs.

An Affidavit of Death is most commonly required during estate settlement and probate proceedings. Probate courts in many states require an affidavit from the petitioner or personal representative confirming the decedent's death, domicile, and identity of heirs. Under the Uniform Probate Code (UPC Section 3-301), the petition for probate must include facts about the decedent's death that are typically supported by an affidavit.

Financial institutions and transfer agents require an Affidavit of Death when transferring securities, stocks, or bonds owned by the decedent. Brokerage firms and mutual fund companies typically request this affidavit alongside a certified death certificate to process beneficiary claims or transfer assets to the estate.

Real property title transfers following death often require an Affidavit of Death to be recorded with the county recorder's office. This is especially important for property held in joint tenancy, where the surviving joint tenant must record the affidavit to clear the deceased tenant's name from the title under state real property laws.

Insurance companies processing life insurance claims, pension benefits, or survivor annuities may request an Affidavit of Death when the official death certificate is delayed. In cases involving unattended deaths, deaths abroad, or circumstances where the body was not recovered, this affidavit may be the only available documentation.

Failing to properly document a death can prevent heirs from accessing bank accounts, claiming insurance proceeds, transferring property titles, or filing final tax returns -- creating significant financial hardship during an already difficult time.

The affiant's full legal name, address, date of birth, and relationship to the decedent must be clearly established. The affiant must have personal knowledge of the death -- either as someone who was present at the time of death or who has direct knowledge of the circumstances. Courts and financial institutions will reject affidavits based on secondhand information or speculation.

The decedent's full legal name (including any aliases or maiden names), date of birth, Social Security Number (last four digits for security purposes), and the date, time, and place of death are essential facts. The cause of death is sometimes required, though many affidavits reference the death certificate for this detail.

The decedent's last known domicile (permanent legal residence) is a critical element, as it determines which state has jurisdiction over the estate for probate purposes and which state's inheritance and estate tax laws apply. Under IRC Section 2001, the domicile at death determines federal estate tax obligations and the applicable state estate tax regime.

A list of the decedent's surviving heirs and next of kin is often required, particularly when the affidavit accompanies a probate petition. This information helps the court identify parties with a legal interest in the estate. A statement regarding whether the decedent left a valid will or died intestate is also commonly included.

The affidavit must contain a sworn statement (jurat) confirming that the affiant is making the declaration under penalty of perjury. The affiant must sign in the presence of a notary public, who verifies identity, administers the oath, and affixes their seal. Most states require the notary's commission expiration date to appear on the document. Some probate courts also require the affidavit to be witnessed by one or two disinterested parties in addition to notarization.