Posted by anon_ca on 3/3/05 7:34pm
Msg #23515

I made a big mistake!!! is it too late???

I notarized an affidavit of death today, everything was filled out and recorded correctly but I forgot to administer the oath! Gasp! Can I go back and give it to her before she turns the paper in or am I in screwed? I feel so stupid. I should'nt have let them rush me just cause they were in a hurry. What a fool am I !

Reply by Lee/AR on 3/3/05 7:43pm
Msg #23517

Honest... the world won't come to an end if you forget to administer the oath. What worries me more is that "Affidavit of Death". Why can't they just get a Death Certificate? Granted, I don't know the whole story. Generally speaking, we don't 'notarize' things like Birth Certificates, Death Certificates... I don't know what an "Affidavit of Death" is... or what it would be used for... take that into consideration when reading this.

Reply by ERNA_CA on 3/3/05 8:29pm
Msg #23525

Got me worried too. Never hear of it.

Reply by Kimberly Crowe on 3/3/05 8:52pm
Msg #23533

In Ohio, an affidavit of death is used when Mr. and Mrs. Doe are in title to a piece of real estate as husband and wife with rights of survivorship. Lets say Mr. Doe passes and per the survivorship deed, Mr. Doe's 1/2 interest to the real estate automatically goes to Mrs. Doe. Say Mrs. Doe wants to sell the property. An affidavit of death has to be filed, with an original or a certified copy of the death certificate attached, prior to the new deed to show that Mr. Doe died on such & such date and per the vesting deed, which was a surivorship deed, Mr. Doe's 1/2 interest went to Mrs. Doe, therefore, Mrs. Doe now has 100% interest in the real estate. If Mr. & Mrs. Doe were in title together but by survivorship, then before Mrs. Doe can transfer the property, an estate case would have to be opened for Mr. Doe. Hopefully, a will was previously drawn up giving Mrs. Doe the power to sell real estate. I'm not real familiar with the probate side of things but at some point an Executrix deed would be drawn up and it would take place of the affidavit of survivorship. But, I'm not sure how your state works.

Reply by Kimberly Crowe on 3/3/05 8:58pm
Msg #23534

CORRECTION: "........If Mr. & Mrs. Doe were in title together but NOT by survivorship"

Reply by BarbaraL_CA on 3/3/05 8:48pm
Msg #23531

Affidavit of Death???????

Sorry, I can't resist:

"Do you solemnly swear under oath that you are dead, so help you God?"

Seriously, I've never heard of an affidavit of death either.
Was it a like a "Copy Certification by Document Custodian" where they swear that the document is a true copy of a death certificate?

You could just phone the person, apologize, and give the oath over the phone if it makes you feel better.

Reply by mtatum_ca on 3/3/05 8:49pm
Msg #23532

Re: Affidavit of Death???????

There's something called an Affidavit of Death of a Joint Tenant See: http://www.lavote.net/general/pdfs/affjoint.pdf for a sample from the Los Angeles County Clerk.

Reply by BarbaraL_CA on 3/3/05 9:32pm
Msg #23547

Thank you mtatum_ca - very informative.

It's things like this that make this board a valuable learning tool.

Who fills out this form? Attorney, lender, county clerk, or who?

Reply by Ernest_CT on 3/3/05 9:12pm
Msg #23541

Re: Affidavit of Death???????

That oath sounds good to me. But what would you put for State, County, and SS? And how would you return to drop off the doc?

Reply by Ronald Philbrick on 3/3/05 9:03pm
Msg #23537

Did you affirm that a person was dead or did you affirm that the people signing were who they say they are?

Reply by anon_ca on 3/3/05 10:13pm
Msg #23559

Okay, I see I should have been more specific here. It was an 'affidavit of death of a joint tenant'. Although it looks like others have cleared that up for me. Thanks, to those of you who understood what I was talking about, for your help. I feel a little better now. Sorry about the missunderstanding to the rest of you guys.