Texas PDF Templates

Texas PDF Templates
Homepage ➾ Attorney-Approved Texas Affidavit of Death Template
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Form Example

Texas Affidavit of Death Template

This affidavit serves to formally declare the death of an individual in accordance with Texas law, specifically under the Texas Estates Code. It is crucial to complete this document accurately to help facilitate any legal proceedings related to the decedent’s estate.

Below is a template for an Affidavit of Death. Please fill in the blanks with the pertinent information.

Affidavit of Death

STATE OF TEXAS
COUNTY OF __________

Before me, the undersigned authority, on this day personally appeared [Affiant's Name], whose address is [Affiant's Address], and who is over the age of eighteen years and is competent to make this affidavit.

The affiant, having been duly sworn, deposes and states:

  1. That the affiant is the person who is making this affidavit.
  2. That [Decedent's Name], who resided at [Decedent's Address], is deceased.
  3. That the decedent died on [Date of Death].
  4. That the death occurred in [City or County of Death].
  5. That the deceased’s Social Security Number is [Decedent's SSN].
  6. That the affiant has personal knowledge of the facts stated in this affidavit.

Further, the affiant deposes that there are no pending legal proceedings concerning the decedent's estate, and the affiant is not aware of any pending claims against the decedent’s estate.

In witness whereof, I have hereunto set my hand this [Day] of [Month], [Year].

_____________________________
[Affiant's Name]
Affiant Signature

Subscribed and sworn to before me this [Day] of [Month], [Year].

_____________________________
Notary Public
State of Texas

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Common mistakes

  1. Incomplete Information: Many people forget to fill out all required fields. Leaving out crucial details can lead to delays or rejections.

  2. Incorrect Names: Spelling errors in the deceased's name or the affiant's name can cause confusion. Always double-check the spelling.

  3. Missing Signatures: It's essential to ensure that the form is signed where indicated. An unsigned affidavit is not valid.

  4. Failure to Notarize: Some individuals forget that the affidavit must be notarized. Without a notary's signature, the document may not be accepted.

  5. Wrong Date: Entering an incorrect date of death or the date the affidavit is signed can lead to complications. Always verify the dates.

  6. Inaccurate Witness Information: If the affidavit requires witnesses, ensure their names and addresses are correct. Missing or incorrect witness details can invalidate the document.

  7. Not Understanding the Purpose: Some people fill out the form without fully understanding its implications. It’s important to grasp how the affidavit affects estate matters.

Key takeaways

When filling out and using the Texas Affidavit of Death form, consider the following key takeaways:

  • The affidavit serves as a legal document to confirm the death of an individual.
  • Ensure all required information is accurately completed to avoid delays in processing.
  • Include the deceased's full name, date of birth, and date of death.
  • The form must be signed in the presence of a notary public.
  • Submit the completed affidavit to the appropriate county clerk's office.
  • Keep copies of the affidavit for personal records and future reference.
  • Filing the affidavit may help in settling the deceased's estate and transferring assets.
  • Consulting with a legal professional can provide additional guidance and ensure compliance with Texas law.
⇓ Affidavit of Death PDF

Steps to Using Texas Affidavit of Death

After obtaining the Texas Affidavit of Death form, you will need to complete it accurately to ensure it serves its intended purpose. Follow these steps carefully to fill out the form correctly.

  1. Begin by entering the full name of the deceased individual at the top of the form.
  2. Provide the date of death in the designated space. Ensure the format is clear and correct.
  3. Fill in the deceased’s last known address, including the city, state, and ZIP code.
  4. Identify yourself as the affiant. Write your full name and relationship to the deceased.
  5. Include your address, phone number, and email address in the appropriate fields.
  6. State the facts surrounding the death briefly but clearly, ensuring all information is accurate.
  7. Sign and date the form where indicated. Your signature must be in ink.
  8. Have the form notarized by a licensed notary public. This step is crucial for the affidavit to be valid.

Once you have completed the form, you can submit it to the appropriate authorities or keep it for your records, depending on your needs. Ensure you retain copies for your personal files.