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AFFIDAVIT OF DEATH OF SPOUSE

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If the grantees on a vesting document hold title as husband and wife and one of those grantees dies, any surviving husband or wife can record at the County Recorder's Office of the county where the right property is located a document termed an Affidavit of Death of spouse.

AFFIDAVIT OF DEATH OF SPOUSE

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Sample Text: (Formatting does not match the actually Forms)

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RECORDING REQUESTED BY:
AND WHEN RECORDED MAILTO:
SPACE ABOVE THIS LINE IS FOR RECORDER'S USE
A.P.N.: Order No.: Escrow No.:
AFFIDAVIT OF DEATH OF SPOUSE
STATE OF CALIFORNIA
COUNTY OF
___ , being first duly sworn, deposes and says: That he/she was validly married to
immediately prior to the latter named party's death, and that the affiant in conjunction with the decedent held title as "husband and wife" or as "husband and wife as community property" to the following described property:
That the affiant and the above-named decedent were married on _ and affiant is the widow/widower of decedent; and
That died on as evidenced by a certified copy of the Certificate of Death attached hereto; and
That the affiant has carefully examined all of the decedents' personal possessions, letters, papers, effects and belongings, and is certain that either
1) no will was executed or otherwise declared by the decedent, based not only on affiant's failure to discover a will, but because affiant
was never informed of decedent having executed or declared a will, and affiant is certain that he/she would have been consulted, or would at least have had knowledge of that fact if a testamentary disposition were attempted, or
2) if a will is present that it is the last complete will (with codicils and/or other amendments) and that this will devised the subject property
to the affiant; and
That the above-described property has been at all times since acquisition considered the community property of decedent and affiant and that any and all contributions to said property from whatever source were also considered by decedent and affiant to be community in nature; and
That, with respect to the above-described property, there has not been nor will there be an election filed pursuant to Probate Code Sections 13502 or 13503 in any probate proceedings in any court of competent jurisdiction; and
That this affidavit is made for the protection and benefit of the grantee or grantees of the subject property, in conjunction with the successors,
assigns and personal representatives of the grantee or grantees and all other parties hereafter dealing with or who may acquire an interest in the property herein described, and particularly for the benefit of which is preparing to insure the title to said property in reliance upon the assurances of affiant contained in this affidavit and otherwise; and
That affiant will testify, declare, depose, or certify before any tribunal, officer, or person, in any case now pending or which may hereafter be instituted, to the truth of the particular facts hereinabove set forth.
Subscribed and sworn to (or affirmed) before me on this day
of _ , 20 _ by
,
proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.
(Notary seal)
Signature

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