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Affidavit Of Death for Germany

Affidavit Of Death Template for Germany

A German Affidavit of Death (Todeserklärung) is a formal legal document used under German law to officially declare and verify a person's death. This sworn statement, which must comply with German civil law requirements and notarial regulations, provides detailed information about the deceased person, the circumstances of their death, and the basis for the declarant's knowledge of these facts. The document serves as a crucial legal instrument in various proceedings, including estate administration, insurance claims, and official record-keeping, particularly when standard death certificates are unavailable or additional verification is required.

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What is a Affidavit Of Death?

An Affidavit of Death is a critical legal document utilized in German jurisdictions when formal verification of a person's death is required for official proceedings. This document becomes particularly important in situations where standard death certificates are unavailable, unclear, or additional documentation is needed. The affidavit must comply with German legal requirements, including those set forth in the Bürgerliches Gesetzbuch (BGB) and Beurkundungsgesetz (BeurkG). It contains detailed information about the deceased, the circumstances of death, and the declarant's basis of knowledge. The document is commonly used in estate proceedings, insurance claims, pension terminations, and other legal matters where proof of death is essential. An Affidavit of Death must be executed before a German notary and may require supporting documentation to establish its validity.

What sections should be included in a Affidavit Of Death?

1. Declaration Statement: Opening statement identifying the document as an affidavit and the declarant's capacity to make the statement

2. Declarant Information: Full legal name, address, and relationship to the deceased person

3. Deceased Person Information: Full legal name, last known address, date of birth, and other identifying information of the deceased

4. Death Details: Date, location, and circumstances of death as known to the declarant

5. Basis of Knowledge: Statement explaining how the declarant knows about the death (direct witness, official notification, etc.)

6. Supporting Documentation: List of official documents confirming the death (death certificate, medical records, etc.)

7. Attestation: Formal statement affirming the truth of the information provided under penalty of perjury

8. Signature Block: Space for declarant's signature, date, and notary authentication

What sections are optional to include in a Affidavit Of Death?

1. Additional Witnesses: Information about other witnesses who can confirm the death, used when direct evidence is limited

2. Medical Information: Details about the deceased's medical condition or cause of death, included when relevant to establishing the fact of death

3. Property Information: Basic details about the deceased's property or estate, included when the affidavit will be used for inheritance proceedings

4. Military Service: Information about military service of the deceased, included when relevant for benefits or military records

5. Previous Attempts to Locate: Description of efforts made to locate the person, included in cases of missing persons declared dead

What schedules should be included in a Affidavit Of Death?

1. Official Death Certificate: Certified copy of the death certificate (if available)

2. Identity Documents: Copies of deceased's identification documents (passport, ID card)

3. Medical Records: Relevant medical documentation confirming death or terminal condition

4. Witness Statements: Written statements from additional witnesses (if applicable)

5. Publication Notices: Copies of public notices or searches (in cases of missing persons)

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Germany

Publisher

Ƶ

Document Type

Affidavit

Sector

Personal

Cost

Free to use
Relevant legal definitions




















Clauses















Relevant Industries

Legal Services

Financial Services

Insurance

Real Estate

Public Administration

Healthcare

Banking

Pension and Benefits

Estate Management

Funeral Services

Relevant Teams

Legal

Compliance

Risk Management

Estate Administration

Claims Processing

Records Management

Customer Service

Benefits Administration

Document Management

Regulatory Affairs

Relevant Roles

Legal Counsel

Notary

Estate Administrator

Probate Officer

Claims Adjuster

Pension Administrator

Compliance Officer

Court Clerk

Benefits Coordinator

Risk Manager

Trust Officer

Legal Assistant

Records Manager

Industries






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