Affidavit For Surviving Spouse In Alameda
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FAQ
California is a community property state, meaning that all assets and debts acquired during the marriage are considered jointly owned by both spouses. Upon the death of a spouse, the surviving spouse is entitled to retain their half of the community property.
Community property with right of survivorship: The surviving spouse can record an Affidavit of Surviving Spouse or Domestic Partner Succeeding to Title and a certified copy of the Death Certificate, without the need for a court order. They may then want to file a Grant Deed to clarify the record, as well.
Use an affidavit of marriage as your sworn statement that you are married and to name who you are married to. Often you will need this affidavit when applying for a foreign visa or if you lose your marriage certificate.
Community property with right of survivorship: The surviving spouse can record an Affidavit of Surviving Spouse or Domestic Partner Succeeding to Title and a certified copy of the Death Certificate, without the need for a court order. They may then want to file a Grant Deed to clarify the record, as well.
A valid Affidavit of Death requires the affiant to have personal knowledge of the deceased. Detailed identification of the deceased, the affiant's relationship with them, and the reason for the affidavit's execution should be clearly stated. Validation from a Notary Public is essential to certify its legality.
