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When a person dies and leave a Trust and a Will . . . Is it required to submit a notorized copy of an Affidavit of Death along with a certified copy of the Death Certificate to the County Recorders office? If so, there are several types of Affidavit of Death which one should be submitted? For what purpose?

kenstampe · Posted: Tue Jan 23, 2007 4:37 pm Post subject:

Stacy,

If the person who passed away left a trust and will then isn't there an estate attorney involved in assisting the executor or executrix in handling the estate? That is the best person to rely on for questions relating to legal forms in processing the decedant's estate.

jameshogg · Posted: Tue Jan 23, 2007 11:08 pm Post subject: RE: affidavit of death

Hi Stacy,

Welcome to forums.

When a person dies, a copy of the Afidavit of Death should be submitted to the County Recorder's office. This is done to make the death public. It can be written and formatted by a title company or an attorney and then notarized prior to being recorded.

You may hire an attorney to prepare the document for the deceased person. It will help in future distribution of property among the heirs.

Thanks,
James.

gunzijjistaff · Joined: 07 Apr 2009 Posts: 712 4.51 Dollars($)

Its important to notarize his death in country records.

Thanks. Exclamation

gmakerley · Posted: Wed Feb 10, 2010 8:05 am Post subject:

it's never been brought to my attention that an "affidavit of death" would need to be recorded in any particular records other than where death certificates are generally found. i see references to affidavits of heirship on the forum regularly, whereby the kin of decedents can claim their right to real property title, but this is the first mention i've seen citing the need to record a death in the land records.

Guest

This is a declaration (affidavit) that is recorded in REAL PROPERTY records held in the county where the house/land is located. It is recorded into the public record for the house/land held by a person who dies to "clear" the title (meaning to eliminate the ownership claim of the dead person) for that particular house/land. It is best to ask an attorney or paralegal document service, as the contents are stated by statute. If this document is NOT recorded, then when a decedent's house/land is sold by the heirs, the document may be recorded by the title company--usually for a lot more money.----Shippey Law PC, California attorney

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