To obtain an Affidavit of Death, choose the form that matches how the deceased held title, complete it using the deed and a certified death certificate, sign it before a notary, and record it with the county recorder in the county where the property is located. The document is a sworn, notarized statement of a death that lets a county recorder update property records without probate when the property passes by survivorship or through a living trust.
Confirm This Is the Right Route
An Affidavit of Death only works for property that already has a built-in way of passing at death: real estate held in joint tenancy with right of survivorship, community property with right of survivorship, or property titled in a living trust. In each case the law already decides who takes the property; the affidavit is the proof the recorder needs to remove the deceased’s name.
If the deceased owned the property in their name alone, with no survivorship provision and no trust, this affidavit will not transfer it. That situation requires probate or, for smaller estates, a small estate affidavit, which is a different document with a different purpose and a state-set dollar threshold. Confusing the two stalls the transfer.
Beyond real estate, a surviving spouse, heir, or executor can present an Affidavit of Death together with a certified death certificate to update vehicle titles, access bank accounts, or transfer brokerage holdings.
Pick the Form That Matches the Deed
The correct form depends on how title was held. Using the wrong one can cloud the title and complicate a future sale or refinance. Pull the current deed and read how ownership is vested before you download anything.
- Affidavit of Death of Joint Tenant, when the deceased co-owned the property as a joint tenant with right of survivorship. Recording it confirms the surviving joint tenant as sole owner.
- Affidavit of Death of Trustee, when the deceased was a trustee or co-trustee of a living trust that held the property. Property moved into a revocable trust generally changes how title is held, so the trustee form applies even if the original deed created a joint tenancy.
- Affidavit of Death of Community Property Owner, used in community property states when spouses held real estate as community property with right of survivorship.
If the deed language is unclear, a title company or real estate attorney can review it and identify the right form.
Gather the Documents and Details
Before filling anything in, collect everything the affidavit will reference. Missing a detail means an amendment or a refiling.
About the deceased: full legal name exactly as it appears on the property deed, date of death, place of death, and last known address. About the property: the legal description from the deed, the assessor’s parcel number, and the street address. If you’ll also use the affidavit to transfer a vehicle or a financial account, have the VIN or account numbers ready.
About the affiant (the person signing): full legal name, address, and relationship to the deceased.
A certified copy of the death certificate must be attached. Certified copies come from the vital records office in the state or county where the death occurred, and most offices charge between $15 and $25 per copy. Order several upfront. Banks, insurers, and the recorder may each want their own certified original.
Fill In the Form Carefully
Blank affidavit forms are available from county recorder websites, legal document services, and some title companies. Many recorders post PDFs specific to joint tenancy, trust, and community property situations.
Fill every field. The deceased’s name must match the deed exactly, including middle names and suffixes. Copy the legal description from the deed verbatim. Any mismatch between the affidavit and the recorded deed can delay processing or create a defect that needs a corrective filing later.
Sign in Front of a Notary
Sign the completed form in front of a notary public. The notary verifies your identity, usually with a government-issued photo ID, watches you sign, and attaches a notarial certificate. That step is what makes the document a legally sworn statement rather than a piece of paper.
Roughly 45 states and the District of Columbia now allow remote online notarization, so you may be able to complete this over a video call rather than in person. Notary fees typically run $5 to $15; remote services sometimes charge more.
Record With the County
File the notarized affidavit with the county recorder’s office in the county where the property is located. Recording is what puts the transfer on the public record and clears the deceased’s name from the title.
Most recorders accept documents in person, by mail, or through an electronic recording portal. Some counties require additional forms at recording, such as a preliminary change of ownership report, so check the recorder’s website for your county before submitting.
Recording fees vary and are usually charged per page or as a flat fee, running anywhere from $10 to over $100 depending on the jurisdiction. Many offices take credit cards or cashier’s checks but not personal checks. After recording, the office assigns a recording number and returns a stamped copy. Keep that stamped copy with your important papers as proof the records have been updated.
If the Property Has a Mortgage
A mortgage on the property does not force immediate repayment when the borrower dies. The Garn-St. Germain Act bars lenders from enforcing a due-on-sale clause when property transfers to a relative because the borrower died, when a surviving joint tenant inherits by operation of law, or when a spouse or child becomes an owner. The lender cannot accelerate the loan or change the existing terms because of the transfer. These protections apply to residential property with fewer than five dwelling units, and they cover the existing loan terms without requiring the lender to formally assign the mortgage to the new owner or release the estate from liability.1Office of the Law Revision Counsel. 12 USC 1701j-3 – Preemption of Due-on-Sale Prohibitions
Contact the mortgage servicer promptly. Send a written notice with a copy of the death certificate and documentation showing you are the rightful heir or surviving owner. Under federal mortgage servicing rules, once a servicer receives notice of a borrower’s death it must communicate with potential successors, identify the documents it needs to confirm successor status, and treat a confirmed successor as the borrower for servicing purposes. That means account information, accepted payments, and access to loss mitigation options.2eCFR. 12 CFR Part 1024 Subpart C – Mortgage Servicing
Don’t let payments lapse while the paperwork works itself out. Late payments trigger fees, and prolonged non-payment can lead to foreclosure regardless of your legal right to the property.
Get the Details Right
Inaccurate information on an Affidavit of Death creates real problems. A misspelled name, wrong legal description, or incorrect parcel number can cloud the title, and a title company may refuse to insure the property until the error is fixed through a corrective affidavit or a quiet title action. Those fixes cost time and money and can delay a sale by weeks or months.
Intentionally filing a false affidavit is far more serious. Because an affidavit is a sworn statement, knowingly including false information is perjury. Federal law carries a fine and up to five years in prison.3Office of the Law Revision Counsel. 18 US Code 1621 – Perjury Generally State perjury statutes carry their own penalties, and filing a fraudulent affidavit to take property can lead to fraud, forgery, and theft charges as well. Title companies and county recorders regularly flag suspicious filings.