Affidavit of Death
State of [State]
County of [County]
I, [Affiant’s Name], residing at [Address], [City], [State] [ZIP Code], being of legal age and duly sworn, do testify and state as follows:
I am providing this Affidavit of Death to officially notify the relevant parties and agencies that [Decedent’s Name], born on [Date of Birth], residing at [Address], [City], [State] [ZIP Code](the "Decedent") passed away on [Date of Death] in [County] County, State of [State], that is certificated by the copy of the Certificate of Death, which is attached.
Legal authority. I am the [Affiant Authority] and have the legal authority to act on behalf of the Decedent.
Property description. The Decedent is associated with [Estate Count] estate(s) (the "Estate"):
[Type], located at [Address], [City], [State] [ZIP Code]; Legal description: [Legal Description].
The funeral expenses, expenses of the last illness, and all unsecured debts of the Decedent have been paid.
Confirmation. I confirm that the information provided in this Affidavit is true and correct to the best of my knowledge and belief. I declare that the information provided in this Affidavit is true and accurate as far as I am aware, and I understand that any false statements may have legal consequences.
This Affidavit was made on [Signing Date].
______________________
[Affiant’s Name]
(Affiant’s Signature)
Party 1
________________
Signature
Date: ________________
Party 2
________________
Signature
Date: ________________
What Is a Affidavit of Death?
An Affidavit of Death in the United States confirms specified facts through a signed declaration sworn before a commissioner for oaths or notary.
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.
When Do You Need a Affidavit of Death?
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.
What to Include in Your Affidavit of Death
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.
Sources & Citations
Statutory citations link to official government sources.
- 18 U.S.C. 1621US – Cornell LII
Cite this page
Reference this free template in an article, syllabus, or research note:
Forms Legal. (2026). Affidavit of Death (United States) [Legal document template]. Forms Legal. https://forms-legal.com/usa/government/declarations/affidavit-death
"Affidavit of Death (United States)." Forms Legal, 2026, https://forms-legal.com/usa/government/declarations/affidavit-death.
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author = {{Forms Legal}},
title = {Affidavit of Death (United States)},
year = {2026},
howpublished = {\url{https://forms-legal.com/usa/government/declarations/affidavit-death}},
note = {Free legal document template. Based on 28 U.S.C. §1746}
}Also available for these jurisdictions:
Frequently Asked Questions
An Affidavit of Death is a sworn statement confirming that a named individual has died, used to update records and transfer assets when a full probate proceeding is unnecessary. The document is commonly paired with a certified death certificate to remove a deceased co-owner from real estate title held in joint tenancy or as community property, to claim payable-on-death bank accounts, and to transfer vehicle titles or securities. County recorders accept a recorded Affidavit of Death of Joint Tenant to clear the public record and vest full ownership in the surviving owner. The affidavit is signed under penalty of perjury before a notary public, and the affiant attests to the decedent's identity, date of death, and relationship to the property. Because institutions still require a certified copy of the death certificate as primary proof, the affidavit functions as a supporting instrument rather than a substitute for the official record.
An Affidavit of Death should be signed by a person with direct knowledge of the death and of the property or account involved, most often a surviving joint owner, a spouse, an heir, a successor trustee, or the executor of the estate. For a real estate transfer, the surviving joint tenant typically signs and records the affidavit with the county recorder to establish sole ownership. The affiant must be an adult competent to take an oath and must base the statement on personal knowledge of the decedent's death, identity, and relationship to the affiant. The affidavit is sworn before a notary public, who verifies the affiant's identity and administers the oath. When multiple parties have an interest, such as several heirs, financial institutions may require each to sign or may request additional documentation before releasing assets.
An Affidavit of Death almost always must be accompanied by a certified copy of the death certificate, because the death certificate is the primary legal proof of death while the affidavit explains the relationship and the asset transfer. County recorders, banks, brokerages, and DMVs typically require the certified certificate issued by the state vital records office, not a photocopy, before processing a title change or releasing funds. The affidavit identifies the decedent, the date and place of death, and the legal description of the affected property or account, and links them to the surviving owner or heir. Ordering several certified copies of the death certificate early is practical, since each institution may demand its own original. Without the attached certificate, most agencies will reject the affidavit, so the two documents should be prepared and submitted together.
An Affidavit of Death transfers real estate by clearing the deceased co-owner from the title when the property was held in joint tenancy with right of survivorship or as community property with right of survivorship. The surviving owner records an Affidavit of Death of Joint Tenant with the county recorder, attaching a certified death certificate and providing the legal description of the property exactly as it appears on the deed. Recording the affidavit updates the chain of title so the survivor holds full ownership without a probate proceeding, which is the central advantage of survivorship ownership. The process does not apply to property held as tenants in common, where the decedent's share passes through their estate instead. Title companies will examine the recorded affidavit during any later sale or refinance, so the legal description and parties must match the original deed precisely to avoid title defects.
You do not need a lawyer to prepare a standard Affidavit of Death, especially when transferring jointly held property or claiming a payable-on-death account, because the form requires only the decedent's information, the affiant's relationship, and a certified death certificate. Most county recorders publish their own format requirements, and a properly completed, notarized affidavit recorded with the certificate is widely accepted. An attorney becomes valuable when the title situation is unclear, when heirs disagree, when the property was held as tenants in common, or when the estate may require formal probate. A lawyer can also confirm that survivorship language on the original deed actually supports a non-probate transfer, since an affidavit cannot create survivorship rights that the deed did not establish. For straightforward survivorship transfers, a self-prepared affidavit with the death certificate generally satisfies the recorder and financial institutions.
This template is provided for informational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change over time. Consult a qualified attorney for advice specific to your situation.Full disclaimer
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