Affidavit of Death
Legal matters are often a big, complex mess that the families of a deceased have to deal with. From taking over properties to settling debts, paperwork will be involved to say the least.
The idea of needing an affidavit of death may sound absurd to some because they don’t see the need in having to present a proof of someone’s death but, ironically, in some cases, you do need a legally issued document proving the demise of a person. You may also see affidavit of heirship form examples.
An affidavit of death’s initial purpose is to notify organizations or companies that the decedent was affiliated with that he has passed on from this life. For example, the deceased was registered to an insurance while he was alive, now that he’s not, you might want to notify the insurance agency that you will close that account. You may also like need statement examples & samples.
An affidavit of death is also especially necessary when you want to take ownership over a property that someone who has died owns. By swearing and certifying through this affidavit, you are declaring the decedent’s death and your interest to take over matters he has left unfinished before he passed on. You may also check out statement analysis examples & samples.
Affidavit of deaths are filed by the people close to the decedent. However, it is important to know that, in cases of claiming properties left by the deceased, there are primary heirs and alternate heirs. Which means that if you are an alternate heir, or a distant relative, it is better to leave the filing and the claiming to the primary heirs who are, most probably, the direct family members of the deceased. You might be interested in business statement examples and samples.
However, if there is no surviving primary heir, then the alternate heirs can take over the whole process.
Fillable Affidavit of Death
Affidavit of Death of Spouse
How Does an Affidavit of Death Work?
An affidavit is a sworn written statement that sets out the evidences that a witness wants to relay in the matter of a case, which, in this situation is the death of a person. These are usually written by a solicitor with the help of the witness. The witness can provide all the information that the solicitor may need so he can properly draft the affidavit. You may also see statement of work examples.
The content of the document will depend upon the case or the situation at hand which the solicitor can discuss with the witness.
When the solicitor has finished preparing the affidavit, the witness must take it to a Commissioner for Oaths. Commissioner of Oaths is the title given to a person who holds the authority to verify affidavits and other legal documents. The Commissioners of Oaths, who are appointed by the chief justice himself, can also be solicitors. However, they cannot use their title and the power that comes with it in proceedings where they also act as the solicitor.
The functions of a Commissioner of Oath includes the following:
- The Commissioner of Oath makes sure that the affidavit is in written form.
- The Commissioner of Oath certifies that the person who has filed for the affidavit understands its contents, and that his solicitor has discussed what is it written on it thoroughly. You may also like bank statement examples.
- The Commissioner of Oath will require the declarant to swear that the contents of the affidavit, which he has certified that he understood clearly, are true. The declarant will also need to recite the words of Oath that will be dictated by the Commissioner. You may also check out employee statement examples.
- The Commissioner of Oath will need to verify that the affidavit has indeed been sworn to be true by completing a jurat which will state the information about when and where the affidavit was sworn.
- The Commissioner of Oath, similar to a notary public, will have to ask for a fee for his services. There are no set fees for commissioners, however, which means that the commissioner and the declarant will have to come up with an agreement regarding it. You might be interested in research statement examples.
Once the Commissioner of Oath has seen over the affidavit already, the declarant can now move on to the next step which is forwarding the document to the appropriate court office and sending a duplicate to other parties that may be involved with the case. If the declarant does not want to attend court summons, he can simply set out the facts of the case through an affidavit. You may also see statement of purpose examples.
The judge will then read it and arrive at a conclusion based on its contents. Most declarants prefer this process since it is faster and less expensive.
Example for Affidavit of Death
Affidavit for Death Benefit Claim
Requirements in Filing an Affidavit of Death
- The title of the case (simply for documentation purposes).
- Name of the declarant or the person who has filed for the affidavit, his age address, and occupation. The declarant must state that he is more than 18 years old.
- Name of the decedent or the person who has passed on.
- Information and facts that the declarant can make available for the affidavit, and the means by which he has gathered these facts. You may also see concept statement examples.
- Certified copy of death certificate attached.
- Description and identification of a property to be claimed if there is one.
- Signature of the declarant with the date when he signed it.
The affidavit of death must contain the facts of the case in numbered paragraph format. You may also like profit and loss statement examples.
Affidavit of Death Regarding Joint Tenancy
Affidavit of Death for Joint Tenant
Joint Tenancy
Joint tenancy is a way for people to share a property equally, which means that the surviving tenant will receive legal rights to the property when one of the tenants die. This can be processed without the help of probate court.
However, there will be tax implications, so it is best to consult a lawyer before putting a property into joint tenancy or ending it. Joint tenancy can be processed by creating a document similar to a title property that includes the details of the people who will share the property. You may also see capability statement examples.
When the tenant you share the property with dies, you can prepare an affidavit of death of the decedent and your affidavit on the joint property and take it to the recorder’s office where the property is located. An affidavit of death can also be used to take the tenant’s name from the bank account of the property you share it with. You may also like problem statement examples.
Death of Joint Tenant
The Consequences of Not Having an Affidavit of Death
An affidavit of death will act like the decedent’s legal permission to allow someone else to act on his legal matters in his behalf. Which means that, without it, you may not be allowed by businesses or agencies to take matters into your own hand. Your actions, especially regarding the decedent’s properties, will be limited. You may also see income statement examples.
You cannot sell the properties, close bank accounts, access deposit boxes, transfer properties to the rightful owners, and transfer accounts even to a surviving spouse.
An affidavit of death is created for the protection of everyone involved. It keeps businesses from being victimized by fraud and helps the decedent’s family speed up the process they need to perform.
The financial issues that a decedent has left is the last thing on the surviving family’s mind. However, dealing with it and settling matters sooner can help avoid additional hassle caused by further complications. An affidavit of death is not as tedious to prepare as other legal documents. But you’d be surprised at how helpful it can be to your case. You may also like artist statement examples.
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