Free Affidavit of Death Form

An affidavit of death is a sworn statement that confirms someone has died. It is often used to notify banks, courts, title companies, and other institutions so they can update records and release or transfer assets.

In most cases, the person signing the affidavit (the affiant) also attaches a certified copy of the death certificate to support the claim.
An affidavit of death does not replace probate. However, it can help move key tasks forward while the estate is being handled.

You may need an affidavit of death when you’re trying to:

• Transfer or update property records after an owner dies.
• Close or change bank, investment, or credit accounts.
• Start an insurance or benefits claim.
• Notify an agency or business to stop payments or services.
• Show proof of death as part of an estate or trust process.

If you’re settling a smaller estate, you may also use a small estate affidavit in states that allow it.

You can get an affidavit of death in a few ways:

• Use Document Genius. Our guided form helps you create a state-specific affidavit of death you can download in minutes.
• Use a local form. Some states or counties provide templates through probate or recorder offices.
• Work with an attorney. This can help if the estate is complex or contested.

No matter which route you choose, you’ll typically need a certified death certificate. Many states explain how to request one through their vital records office. For general guidance, see the CDC’s overview of where to request vital records.

Affidavits of death often come up during property transfers. The exact form you need depends on how the property was owned and who has the right to receive it.

Joint Tenant

Use this when the person who died owned property in joint tenancy, and the surviving joint tenant becomes the sole owner.

This affidavit helps update records so the title reflects the surviving owner.

Trustee

Use this when property was held in a trust and a trustee has died.

The affidavit helps confirm the trustee’s death so the trust can continue to be managed and assets can be distributed according to the trust terms.

If you’re planning ahead to keep assets out of probate, you may also consider setting up a living trust. In addition, having a power of attorney can help someone manage financial tasks if incapacity happens before death.

Death of Spouse

Use this when a spouse dies and the surviving spouse needs to update financial accounts, remove the deceased spouse’s name from certain records, or confirm eligibility for survivor benefits.

Rules can vary depending on the state and how the property was titled.

Death of Grantor

Use this when a person used a beneficiary deed (also called a transfer-on-death deed in many states) to name who should receive property after death.

The affidavit helps confirm the death so the transfer can be recorded.

Death Intestate

Use this when someone dies without a valid will and a lawful heir needs to transfer certain assets, such as a vehicle title or personal property.

State intestacy rules control who inherits.

If there are disputes about heirs, debts, or major assets, probate may still be required.

Use these steps to complete a clear, complete affidavit that institutions are more likely to accept.

1. Add the Affiant’s Information

Include your legal name, address, and your role in relation to the deceased person. Depending on the situation, you may be an executor, administrator, heir, or surviving owner.

2. Enter the Decedent’s Details

Add the person’s full legal name, date of death, and last known address. These details help confirm the correct identity and jurisdiction.

3. Explain Why You Need the Affidavit

State the purpose of the affidavit. For example, you might need it to:

• Update title to real property.
• Transfer securities or investment accounts.
• Close or access accounts at a financial institution.

Be specific, and list any assets or records the affidavit relates to.

4. Attach Supporting Documents

Most institutions expect:

• A certified copy of the death certificate.
• Any additional documents that connect you to the asset (such as account statements, a deed, or trust paperwork).

5. Sign in Front of a Notary

Many affidavits of death require notarization. Notarization helps confirm identity and reduce fraud, which is why banks and title companies often require it.

If you’re preparing other sworn statements, you can also start with our general affidavit form and customize it for your situation.