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Affidavits of Death

 

More Information about Affidavits of Death

1. What is an Affidavit of Death?
2. Types of Affidavits of Death.
Common types of Affidavits of Death
There are several types of Affidavits of Death. We process Affidavits of Death for the following situations:
  • Property Held in Joint Tenancy
    Document Title: Affidavit of Death of a Joint Tenant
    If the deceased property owner held title as Joint Tenants, an "Affidavit of Death of Joint Tenant" is typically filed upon the death of the property owner. This will document the property owner’s death and implicitly transfer the title to the surviving owners.
  • Property Held in a Living Trust
    Document Title: Affidavit of Death of a Trustee
    If the deceased property owner held title in a Living Trust, an "Affidavit of Death of Trustee" is typically filed upon the death of the trustor/trustee. This will document the trustor/trustee’s death and transfer the controlling powers of the Trust to the surviving trustee or successor trustee.

    Depending on the terms of a trust, a trustee may have to settle the trust by making a distribution from the trust to the beneficiaries after a trustor/trustee passes away. Most trusts will require the death of all trustors/trustees before a distribution is made. However, some trusts require a special distribution to be made upon the death of only one trustor/trustee.

    Most married couples that create a joint living trust do not make distributions upon the death of only one spouse. They usually require both the husband and wife's death to make a distribution. However, if the trust requires a distribution, the title is typically transferred to the beneficiaries named in the trust.

    For an individual living trust, the Affidavit of Death of Trustee is typically filed once the sole trustor/trustee passes away. An individual living trust is created by only one person and he/she is the sole trustor/trustee. The person who created the individual trust can be either single or married. If the sole trustor/trustee passes away, the trust is typically settled by documenting the death and transferring the property to the beneficiaries.

    To settle a trust an "Affidavit of Death of Trustee" and "Deed" are typically filed in order to document the death of the trustee and to transfer the property to the beneficiaries.
  • Property Held in Community Property with Right of Survivorship
    Document Title: Affidavit of Death of Spouse
    If the deceased property owner held title as Community Property with Right of Survivorship, an "Affidavit of Death of Spouse" is typically filed upon the death of the spouse. This will document the spouse’s death and implicitly transfer the title to the surviving spouse.
  • Property Owner filed a Beneficiary Deed a.k.a. Transfer on Death Deed
    Document Title: Affidavit of Death of Grantor (Not available in all states)
    If the deceased property owner filed a Beneficiary Deed a.k.a. Transfer on Death Deed, an "Affidavit of Death of Grantor" is typically filed upon the death of the property owner. This will document the property owner’s death and implicitly transfer the title to the beneficiaries.
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