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An "Affidavit of Death" is a document that verifies the identity of the deceased person as a property owner and implicitly removes their name from the property title. The Affidavit of Death is usually filed after the property owner’s death and before processing any other documents that will affect the property title. A certified copy of the Death Certificate must be provided at the time of filing.
We process Affidavits of Death for the following situations:
My Legal Depot makes it easy to prepare and file an Affidavit of Death. First, we will research the property title and prepare the Affidavit of Death including any required ancillary forms. After notarizing the required signatures, we will file the documents with the County Recorder.
Preparing an Affidavit of Death can be time consuming and expensive. My Legal Depot's staff has experience in preparing and filing thousands of Affidavits. Let us prepare and file your legal documents promptly and accurately at affordable rates. for more information about Affidavits of Death.
My Legal Depot makes it simple to prepare and file your Affidavits of Death. Complete our simple online questionnaire and we will take care of the rest. If you need customer support, we are just a phone call away (Customer Support: 800-820-2144).
Complete our simple online questionnaire. If you are unable to finish the questionnaire, we will save your answers and you can complete the questionnaire at a later time (save feature only available for registered users). If you need customer support, we are just a phone call away (Customer Support: 800-820-2144).
Our experienced staff will research the property profile to obtain the legal description and review your order for errors and inconsistencies. We will prepare and email you a copy of the document to review within 2 business days.* If you do not have a printer, we can have a hard copy mailed to you at no extra charge.
After reviewing the document, simply print and sign. If you have selected the basic package, you must self-file the documents with the appropriate county recorders office. If you have selected the complete package, the you must mail the original document to our office and we will complete a thorough review to ensure accuracy and completeness.
If you have selected the complete package, your documents will be filed with the County Recorder using our Expedited Filing Service. **Filed copies of your document will be sent to you via email and the original copies with the government filing number will be returned via USPS.
*Documents will be prepared and emailed to you within 2 business days. Delays are uncommon, but may occur due to uncontrollable circumstances.
**Expedited filing will take 2-5 business days from the date of receipt of your original documents. Filing delays are uncommon, but may occur due to uncontrollable circumstances.
Complete Package |
Basic Package |
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Title research to confirm the property's "legal description" |
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| Preparation of your documents plus a thorough review for errors | ||
| Expedited Filing Service | ||
| Filing fees | ||
| A second review for post-signing errors | ||
| Affidavits of Death Package Price | $320.00 | $260.00 |
Special Note: Effective January 1, 2018, the California Senate passed Senate Bill 2 which adds an additional $75.00 filing fee for each real estate related document filed. This fee is levied per property, per document title. Most transfers will qualify for an exemption. The fees paid in the complete package does not include the Senate Bill 2 fee. Our team will attempt to apply an exemption, but if there is no available exemption, the additional fees will apply.
An "Affidavit of Death" is a document that verifies the identity of the deceased person as a property owner and implicitly removes their name from the property title. The Affidavit of Death is usually filed after the property owner’s death and before processing any other documents that will affect the property title. A certified copy of the Death Certificate must be provided at the time of filing.
There are several types of Affidavits of Death. We process Affidavits of Death for the following situations:
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.
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.
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.
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.