Do my brother and I both have to sign affidavit if my state requires affidavit of death for a beneficiary deed on file? 12 Answers as of May 19, 2014

I have to do an affidavit of death. Can I just sign it in front of lawyer/notary or will my brother and I have to sign an affidavit of death? I know we would both sign if we ever sell the property but, do we for affidavit?

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Edward L. Armstrong, P.C. | Edward L. Armstrong
You do not both have to sign an affidavit but you should make sure there is enough information in the affidavit so that there is clear information as to how the title should read. Example: the affidavit should allege that the owner of the property has died and then give the legal description of the property (this description will be on the beneficiary deed if you have a copy of that). You should then recite your name and address and the name and address of the co-owner and how you own the property - i.e., as joint tenants with right of survivorship? As tenant in common? You should retain the services of an attorney to help you do this properly.
Answer Applies to: Missouri
Replied: 5/19/2014
Law Ofices of Edwin K. Niles | Edwin K. Niles
If this is a joint tenancy property, only one needs to sign the aff. of death.
Answer Applies to: California
Replied: 4/25/2014
Law Office Of Victor Waid
Law Office Of Victor Waid | Victor Waid
One affidavit of death should suffice.
Answer Applies to: California
Replied: 4/25/2014
Frederick & Frederick PLC | James P Frederick
Hello~ You have this listed as a Michigan question, but we do not use "Affidavits of death" in Michigan. Without knowing more about the specifics of your situation, it is all just speculation. Generally, any interested person can sign an affidavit.
Answer Applies to: Michigan
Replied: 4/25/2014
James Law Group
James Law Group | Christine James
The person who is entitled or has legal authority must sign. Be very careful with this or you could mess up the title. Have an attorney help you - Affidavit's of death are not appropriate for all situations and a probate may be required.
Answer Applies to: California
Replied: 4/25/2014
    Goldsmith & Guymon
    Goldsmith & Guymon | Dara Goldsmith
    Just one need to complete the Affidavit to record along with a certified copy of the death certificate.
    Answer Applies to: Nevada
    Replied: 4/25/2014
    Ronald K. Nims LLC | Ronald K. Nims
    No, the affidavit only needs to be signed by one "interested person". It does need to be accompanied by a certified death certificate.
    Answer Applies to: Ohio
    Replied: 4/25/2014
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    It depends on your state. An affidavit must be signed in front of a notary ,not necessarily an attorney, although I would feel better if the attorney drafted it for you. I know that in my county, the Register will accept the affidavit only from the spouse, and not anybody else. So you might want to talk to your county's Register or Recorder to see if they will accept it.
    Answer Applies to: Idaho
    Replied: 4/25/2014
    Richard J. Keyes Attorney at Law | Richard J. Keyes
    In Missouri, only one person has to sign an affidavit of death that is recorded with the recorder of deeds. The affidavit of death needs to be notarized. By recording the affidavit of death, a title company can track title from the decedent to you and your brother. From your questions, I am assuming that both you and your brother become the owners of the property by the beneficiary deed. You both have to sign when you sell the property because you are both owners and all the owners of the property need to sign off on the deed.
    Answer Applies to: Missouri
    Replied: 4/25/2014
    Ashcraft & Ashcraft, Ltd.
    Ashcraft & Ashcraft, Ltd. | Randall C. Romei
    The affidavit only needs to be signed by a single person with first-hand knowledge of the circumstances attested and sworn to in the affidavit. The signing must be done in the presence of a notary public. There is nothing wrong with having a second person attesting to the facts and executing the affidavit also. That additional person must also sign in the presence of a Notary Public. It does not have to be the same Notary.
    Answer Applies to: Illinois
    Replied: 4/25/2014
    Charles M. Schiff, Attorney at Law
    Charles M. Schiff, Attorney at Law | Charles M. Schiff
    There should be no reason for both to sign the Affidavit. The purpose of the Affidavit is to advise persons tracing the history of title that the prior owner is in fact deceased.
    Answer Applies to: Minnesota
    Replied: 4/25/2014
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