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Affidavit of Death - Template, Sample Form to Complete

✓ Designed for use in United States

Create your Affidavit of Death for use in United States. Answer a few plain-English questions and the document fills in automatically as you go - then download it in Word and PDF, ready to sign or share.

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Below you can preview the Affidavit of Death, complete it by answering a few plain-English questions, and download a ready-to-sign copy in Word and PDF - tailored for use in United States.

What the Affidavit of Death includes

This template is organised into the following sections:

Frequently asked questions

What is a Affidavit of Death?

A Affidavit of Death is a ready-to-use legal template for United States. You complete it by answering a few plain-English questions, then download the finished document in Word and PDF.

What does the Affidavit of Death cover?

The Affidavit of Death is organised into sections covering § 1. Affiant, § 2. Decedent, § 3. Statutory Waiting Period, § 4. No Personal Representative, § 5. Value of the Estate, so the important points are captured in a clear, consistent structure.

What formats can I download?

You can download your completed Affidavit of Death as an editable Microsoft Word (.docx) file and as a PDF.

Can I edit the document later?

Yes - save it to your account and you can re-open, edit and re-download it at any time.

Is a Affidavit of Death legally binding?

Once it is properly completed and signed by everyone involved, a Affidavit of Death is generally legally binding in United States, provided it meets the legal requirements that apply to this type of document.

What laws apply to a Affidavit of Death in United States?

A Affidavit of Death should comply with the laws in force in United States. This template is built around the provisions such situations commonly require, but the rules can vary by region and change over time, so check the current requirements for your case.

Do I need a lawyer to use a Affidavit of Death?

For most standard situations you can complete the Affidavit of Death yourself using the guided questionnaire. For high-value, unusual or high-risk matters, it is sensible to have a qualified lawyer review the finished document.

How do I sign the Affidavit of Death?

Download the completed Affidavit of Death as Word or PDF and sign it as required in United States. Depending on the document this may involve a handwritten or electronic signature, and some documents also need witnesses.

Is the Affidavit of Death free?

You can preview the Affidavit of Death and fill it in for free. A one-time fee applies only when you download the finished, ready-to-sign document in Word and PDF.

How long does it take to complete a Affidavit of Death?

Most people finish the Affidavit of Death in just a few minutes by answering the plain-English questions. You can save your progress and come back to it at any time.

Prepared and reviewed by the LegalDocs team.

Document preview

SMALL ESTATE AFFIDAVIT

FOR COLLECTION AND DISTRIBUTION OF DECEDENT'S PERSONAL PROPERTY

State of ________

County of ________

§ 1. Affiant. I, ________, residing at ________, being of the age of eighteen (18) years or older and of sound mind, and being first duly sworn upon oath, do hereby depose and state as follows for the purpose of collecting, receiving, and distributing the personal property of the decedent identified below pursuant to the small estate procedures of the laws of the State of ________.

§ 2. Decedent. This Affidavit concerns the estate of ________ (the “Decedent”), whose Social Security Number ended in ________, who was a resident of the State of ________, residing at ________ at the time of death, and who died on ________ in ________. The fact and date of death are evidenced by a certified copy of the Decedent's Certificate of Death, a true and correct copy of which is attached hereto and incorporated herein by reference.

§ 3. Statutory Waiting Period. Not less than ________ days, as required by the applicable laws of the State of ________, have elapsed since the date of the Decedent's death prior to the making of this Affidavit.

§ 4. No Personal Representative. No application or petition for the appointment of a personal representative, executor, or administrator of the Decedent's estate is pending or has been granted in any jurisdiction; and no probate proceeding has been commenced with respect to the Decedent's estate.

§ 5. Value of the Estate. The fair market value of the entire estate of the Decedent subject to administration, wherever located, less liens and encumbrances, does not exceed the statutory maximum permitted for collection of personal property by affidavit under the laws of the State of ________, and is estimated to be $________ (________ dollars).

§ 6. Entitlement of Affiant. The Affiant is the successor of the Decedent and is entitled to payment, delivery, and distribution of the property described in § 8 below by reason of the following relationship and authority: ________. No other person has a right to the interest of the Decedent in the described property that is superior to that of the Affiant.

§ 7. Debts and Expenses. All debts of the Decedent, including funeral and burial expenses, expenses of last illness, taxes, and all unsecured debts, have been paid in full or otherwise adequately provided for.

§ 8. Property Claimed. The Affiant hereby claims, and demands the payment, delivery, transfer, and assignment of, the following property belonging to the Decedent, held by the persons or institutions identified below:

________

§ 11. Distribution. The Affiant shall apply and distribute the property collected pursuant to this Affidavit in accordance with the rights of the Decedent's successors as established by the applicable laws of the State of ________.


§ 12. Oath or Affirmation of Affiant:

I declare and certify under penalty of perjury under the laws of the State of ________ that I have read the foregoing Affidavit, that I know the contents thereof, and that the statements made herein are true and correct to the best of my knowledge, information, and belief.


______________________________
________, Affiant


______________________________
Date

ACKNOWLEDGMENT

STATE OF ________, COUNTY OF ________:


On this ________ day of ________, ________, before me, ________, a Notary Public in and for said State and County, personally appeared ________, known to me (or satisfactorily proven on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained.

IN WITNESS WHEREOF, I hereunto set my hand and official seal.

______________________________
Notary Public

________
Title

My commission expires: ________

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Fields you complete are inserted into the document live. This template is general guidance only - not legal advice.