Death changes who owns things, but records do not update themselves. A surviving spouse still sees both names on the deed; a successor trustee cannot sign for the trust until someone documents that the old trustee died. The affidavit of death is the sworn statement, backed by a certified death certificate, that bridges the gap.
For real estate the affidavit is typically recorded at the county recorder's office so the chain of title shows the transfer; for banks and transfer agents it is delivered with the death certificate to update the account.
Three common versions of the affidavit
| Version | Who signs | What it accomplishes |
|---|---|---|
| Affidavit of death of joint tenant | The surviving joint tenant | Clears the deceased co-owner from a survivorship deed; title already passed by law, the affidavit makes the record show it |
| Affidavit of death of trustee | The successor trustee | Documents that the prior trustee died and the successor now has authority over trust property, including recording against trust-held real estate |
| Affidavit of death of life tenant | A remainder holder | Shows the life estate ended at death, vesting full title in the remainder holders, including under lady bird and other enhanced life estate deeds |
All three share the same skeleton: sworn identification of the decedent, the date and place of death, the instrument affected, and a certified death certificate attached. None of them is probate, and that is the point: these transfers happen outside probate, and the affidavit merely completes the paperwork.
Recording and practical steps
Order several certified copies of the death certificate from vital records, because each recording or institution generally wants its own. For real estate, the affidavit is signed before a notary and recorded in the county where the property sits, usually with a recording fee and, in some states, a transfer tax exemption form or a preliminary change of ownership report. County requirements differ on formatting, margins, and cover sheets, so check the recorder's website before submitting. Some states use their own statutory instruments in place of a generic affidavit, such as survivorship affidavit forms prescribed by statute, and a title company or the recorder's staff can confirm which format the county indexes.
This affidavit does not transfer probate assets
It only documents transfers that already happened by law: survivorship, trust succession, or the end of a life estate. Property the decedent owned alone, with no beneficiary or survivorship arrangement, passes through probate or a small estate procedure instead, not through an affidavit of death.
Affidavit of death vs small estate affidavit
The two are often confused. An affidavit of death documents a death so records catch up with an automatic transfer. A small estate affidavit is different: it is a statutory procedure letting heirs collect a modest probate estate without opening a full administration, subject to dollar limits and waiting periods that vary by state. If the decedent owned the asset alone and no survivorship, trust, or beneficiary designation applies, the small estate affidavit or probate is the route, not this document.
Frequently asked questions
Does an affidavit of death need to be notarized?
Yes. It is a sworn statement, so the affiant signs before a notary public who completes a jurat. For real estate the notarized affidavit is then recorded with the county, and recorders reject unnotarized instruments.
Do I have to attach the death certificate?
Yes, a certified copy, not a photocopy, in nearly every use. County recorders, banks, and transfer agents rely on the certified certificate as the official proof; the affidavit connects that certificate to the specific deed, trust, or account being updated.
Is an affidavit of death required for a joint tenancy?
Title passes to the survivor automatically at death, but the public record still shows both owners until an affidavit of death of joint tenant is recorded with the death certificate. Doing it promptly avoids scrambling during a later sale or refinance, when the title company will require it anyway.
Who signs an affidavit of death of trustee?
The successor trustee named in the trust. Recording it, with the death certificate, against trust-held real estate documents the succession in the chain of title, and institutions often also ask for a certificate of trust naming the successor.
Can I use this for a bank account or stocks?
Institutions holding joint or beneficiary-designated accounts usually process the change with their own claim forms plus a certified death certificate. An affidavit of death can accompany that package and is sometimes requested, but ask the institution which documents it wants before sending anything.