Affidavit of Death

An Affidavit of Death is used to document the passing of a property owner and transfer title as a result thereof. When a property co-owner dies, an Affidavit of Death is recorded with the county to formally remove the deceased’s name from the title. Affidavits of death can also be used upon the death of a trustee. Additionally, when a transfer upon death deed is recorded, an Affidavit of Death is recorded to effect transfer to the grantee(s) upon the death of grantor.

Retainer Fee: $700.00
(Includes $600.00 cost for document preparation and $100.00 toward recording fees)

Order Affidavit of Death
Pay Retainer Fee

Purpose of an Affidavit of Death

  • Updates property records (for joint tenancy, community property, etc.)
  • Allows legal heirs to claim assets
  • Creates constructive notice upon recording

Who Does an Affidavit of Death Serve?

  • Surviving spouse or family members handling legal affairs
  • Executors of the estate managing asset distribution
  • Title companies & real estate professionals transferring property ownership
  • Financial institutions & government agencies updating records

Key Information in an Affidavit of Death

  • Deceased person’s full name & date of death
  • Affiant’s (person filing the affidavit) information
  • Attestation confirming deceased person is the same as the property owner
  • Certified death certificate as an attachment

Types of Affidavits of Death

  • Affidavit of Death of Joint Tenant – Used to remove a deceased co-owner from property records
  • Affidavit of Death of Trustee – Updates property ownership when a trustee of a living trust passes away
  • Affidavit of Death of Spouse – Required for real estate held as community property
  • General Affidavit of Death – Used to transfer title when a Transfer Upon Death Deed was recorded

Steps to File an Affidavit of Death

  1. Obtain a certified copy of the death certificate
  2. Complete the Affidavit of Death form with necessary details
  3. Sign and notarize the affidavit
  4. Record the affidavit with the appropriate county record’s office (for property) or financial institution

Legal Considerations

  • Ensure all information is accurate to avoid legal disputes
  • Consult an attorney for estate planning or probate concerns
  • Other assets may require probate even with an affidavit as it only impacts real property

Common Challenges & Solutions

  • Incorrect or missing information – Double-check details before notarization
  • Unclear ownership of property – Review the title and estate documents
  • Conflicts among heirs – Seek legal mediation or probate court guidance

Services Offered by RELAWDOC

  • Flat fee pricing for peace of mind with a clear, upfront cost
  • Easy online ordering
  • Simple information collection process
  • Consultation to verify information and terms
  • Drafting of the Affidavit of Death in compliance with legal requirements
  • Review by an attorney
  • Coordination of document execution and recording as requested (for additional fees)