Disney-Pixar’s “UP” is one of the most visually stunning and dramatic animated films that featured a couple who got married. But the heartbreaking part was when Ellie, the wife, died. And then the story turns around as Carl, the husband, blew balloons to fly the house to Paradise Falls. Nobody needs informing on how impossible that is in real life, so what should surviving spouses do besides taking care of the properly left to them? Well, updating the legal records of the property is the step to prioritize, and that includes claiming ownership by filing an affidavit of surviving spouse to the state.
FREE 10+ Affidavit Surviving Spouse Samples in PDF
When a spouse dies, one of the questions to tackle and discuss with an attorney is, “what happens now?” This allows the attorney to inform the surviving spouse of the details regarding the legal obligations to accomplish, including determining what happens to the deceased spouse’s bank accounts, properties, and assets. That can be a daunting and challenging process, especially when it comes to documenting and declaring the surviving spouse’s rights to have sole ownership to the deceased’s properties. But don’t worry, for we have here affidavit of surviving spouse sample forms and templates which are free to use and download. Just scan and discover which among the templates suits the preferences and needs of the surviving spouse:
1. Affidavit of Surviving Spouse Sample
2. Basic Affidavit of Surviving Spouse Template
3. Affidavit of Surviving Spouse in PDF
4. Standard Affidavit of Surviving Spouse Template
5. Affidavit of Surviving Spouse for Change to Real Estate
6. Affidavit of Surviving Spouse or Domestic Partner
7. Printable Affidavit of Surviving Spouse Sample
8. Small Estate Affidavit of Surviving Spouse Template
9. Affidavit of Surviving Spouse to Community Property
10. Clerk of Courts Surviving Spouse Affidavit Template
11. Affidavit Naming Surviving Spouse Sample
How to Have the Right Affidavit of Surviving Spouse for Your Property
It is not only a house or a residential property that needs the right affidavit forms to claim ownership after the owner’s death. To be specific, surviving spouses can claim sole ownership over their deceased spouse’s motor vehicles, real estate, and even wages and benefits. All properties must go through the legal process, regardless of type, so that the state will acknowledge the ownership transfer. If you’re still confused in determining what the right affidavit of surviving spouse you must use, then keep the following tips in mind:
1. Identify and List the Types of Properties You Will be Claiming
You can enlist the property types in a piece of paper, or maybe in a notepad that you can bring anywhere. Once you get a finalized list of your spouse’s properties and assets, you can proceed to hire the services of a real property attorney or lawyer, and head to the assigned state agency or organization who will deal with your property claim.
2. Obtain an Affidavit of Surviving Spouse Form
There are three ways you can get an affidavit of surviving spouse form. The first and the most common way is by requesting one from your attorney. He can draft you one that contains all the essential elements for verifying that you are the spouse of the deceased. On the one hand, you can also acquire the affidavit from the state agency or the organization associated with the property that you will be claiming. The last and most convenient method is downloading sample affidavit form templates online.
3. Check the Contents of Your Affidavit Before Filling Out and Submitting
Checking the contents will allow you to be aware of what pieces of information to disclose in it, either about your spouse, the property. Also, you will be able to know the other legal forms and requirements that you are required to submit along with the affidavit. Being prepared is essential since it is sure to help speed up any property claim process.
What Is an affidavit of surviving spouse?
An affidavit of surviving spouse is the document to use for declaring and proving that the affiant is the spouse of the deceased individual. It is often used in claiming and transferring the deceased spouse’s properties, be it residential, commercial, etc., so the surviving spouse will be the sole owner.
Can I make an affidavit of surviving spouse on my own?
Yes, you can make your own affidavit of surviving spouse. However, you should know what goes into it, and you must have it notarized by a notary public. Or else, you’ll only be making a legal statement of your claim, instead of an actual affidavit that you can use for proving that you are the spouse of the deceased property owner.
Do I still need an affidavit of surviving spouse if my deceased partner had already signed a last will and testament before his death?
Yes, you still need an affidavit of surviving spouse even if it’s stated in the last will and testament of your deceased partner that you will own his properties and assets after his death. As mentioned earlier, the affidavit will be a tool for you to declare and claim that you are legally married and the legal spouse of the deceased.
Affidavit of surviving spouse forms are easy to use and fill out. But one needs to remember that different states and counties have varying laws, as well as requirements when it comes to property transfer claims. Moreover, hiring a lawyer or attorney, and utilizing our sample forms and templates above are two surefire ways to ease the process of claiming, declaring, and transferring a deceased spouse’s property.
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