Free Lack of Probate Affidavit Template
Lack of Probate Affidavit
AFFIRMATION OF LACK OF PROBATE
I, [Your Name], residing at [Your Address], hereby affirm under penalty of perjury that:
STATEMENT OF FACTS
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I am over the age of eighteen (18) and am of sound mind.
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[Deceased Person's Name] passed away on [Date of Death] in [Place of Death].
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To the best of my knowledge and belief, [Deceased Person's Name] did not leave a Last Will and Testament, nor has any probate proceeding been initiated in any court regarding their estate.
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The assets and properties of [Deceased Person's Name] are not subject to probate due to the following reasons:
a. The assets were jointly owned with rights of survivorship, and therefore, upon the death of [Deceased Person's Name], ownership automatically transferred to the surviving joint owner(s) outside of probate.
b. [Deceased Person's Name] had designated beneficiaries for certain assets, such as life insurance policies, retirement accounts, or payable-on-death bank accounts, which bypass probate and directly pass to the named beneficiaries.
c. [Deceased Person's Name] held assets in a living trust, whereby the trust becomes the owner of the assets during their lifetime, and a successor trustee can distribute the assets to beneficiaries named in the trust document without the need for probate proceedings.
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I am not aware of any debts or obligations owed by [Deceased Person's Name] that require probate administration.
OATH
I declare under penalty of perjury under the laws of [Your State/Country] that the foregoing is true and correct to the best of my knowledge and belief.
SIGNATURE AND NOTARIZATION
Executed on [Date of Execution] at [Place of Execution].
[Your Name]
STATE OF [Your State]
COUNTY OF [Your County]
On this [Date] day of [Month], [Year], before me, a Notary Public, personally appeared [Your Name], known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the foregoing instrument, and acknowledged that they executed the same in their authorized capacity and that by their signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument.
[Notary Public's Printed Name]
[Notary Public's Commission Number]
