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What Is an Affidavit Of Death Certificate?

When a loved one passes, family members, executors and/or beneficiaries have many responsibilities to carry out. This will often include the act of closing out bank accounts, claiming insurance policies, and distributing real estate property to the heirs according to the will or trust, if either exists. Without a will or trust, the assets of the deceased will be distributed through Florida’s Intestacy Statutes.

In either case, the process can be lengthy, time consuming, and complicated, more so if original copies of a death certificate are not available to provide to banks, lenders, and other institutions to prove the claim. In that case, you would want to obtain a Florida Affidavit of Death.

A Florida Affidavit of Death is a document that serves as a written solemn oath that states a death occurred. To be clear, it does not take the place of a certified death certificate, but it may be deemed acceptable documentation by some businesses with which the deceased had an interest.

Use this document to change the ownership of real estate or close out accounts when the original death certificate is not available. The person completing the affidavit is essentially swearing under oath that they reviewed the actual document and that the information provided on the affidavit is true and accurate.

Published: Dec 8, 2023

Updated: Dec 8, 2023

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This FAQ is for informational purposes only and does not constitute legal advice. We make no representations or warranties about this FAQ's completeness, accuracy, reliability, or suitability. Each legal situation is unique. Always consult an attorney for personalized guidance.

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