Free Massachusetts Affidavit of Death

In Massachusetts, a surviving joint owner records the “Statement relating to title”.

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Who may sign in Massachusetts: The section names no class of signer: any person may make the statement, sworn to before an officer authorized by law to administer oaths.

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The state whose land records the affidavit is recorded in. Only states where this tool prepares the affidavit are listed.

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A surviving co-owner of the propertyAnother person who knows the facts

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The “Statement relating to title”: Massachusetts lets a sworn statement of a person's date of death that relates to title to land be recorded at the registry of deeds. A joint tenant's or tenant by the entirety's interest passes to the survivor by operation of law; the statement puts the death on the land records. A surviving joint owner records it with the county recording office, and the prepared document is laid out for recording.

Who may sign, in the statute's words: The section names no class of signer: any person may make the statement, sworn to before an officer authorized by law to administer oaths. The affidavit is sworn before a notary public, who completes the jurat.

It states: the date of the deceased owner's death; that the statement relates to the title to the land the deceased owner held with the survivor.

Recording is not a condition of the transfer: title passed at the death under the instrument. Filed with it: Certified copy of the Certificate of Death (registered land); Affidavit of No Divorce (registered land held by tenants by the entirety); Release of the Massachusetts estate tax lien.

In Massachusetts, no statute authorizes a transfer on death deed, so there is no beneficiary's affidavit to record. The document prepared on this page is the surviving joint owner's affidavit.

The Affidavit of Death in Massachusetts

Massachusetts's instrument for a joint owner's death is the “Statement relating to title”, recorded by a surviving joint owner with the county recording office. What it does: Massachusetts lets a sworn statement of a person's date of death that relates to title to land be recorded at the registry of deeds. A joint tenant's or tenant by the entirety's interest passes to the survivor by operation of law; the statement puts the death on the land records.

The affidavit is sworn before a notary public, who completes the jurat. Who may make it: The section names no class of signer: any person may make the statement, sworn to before an officer authorized by law to administer oaths.

What the statute has it state: the date of the deceased owner's death; that the statement relates to the title to the land the deceased owner held with the survivor.

Recording is not a condition of the transfer; title passed at the death under the instrument, and the affidavit puts the death on the record. Filed with it: Certified copy of the Certificate of Death (registered land); Affidavit of No Divorce (registered land held by tenants by the entirety); Release of the Massachusetts estate tax lien.

In Massachusetts, no statute authorizes a transfer on death deed, so there is no beneficiary's affidavit to record.

SimplyTrust Editorial·Updated October 26, 2026

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Data sourced from Massachusetts statutes and official state code. How we research.

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The Affidavit of Death in Massachusetts

What the statute has it state: the date of the deceased owner's death; that the statement relates to the title to the land the deceased owner held with the survivor.

In Massachusetts, no statute authorizes a transfer on death deed, so there is no beneficiary's affidavit to record.

Free Massachusetts Affidavit of Death

Your Information

Is this your situation?

Loss of a Spouse

Death of a Parent

Named as Executor

Forms for Settling an Estate in Massachusetts

IRS Form 56

Digital Assets Recovery Letter

Affidavit of Heirship

IRS Form 1310

Letter of Instruction

Tools for Settling an Estate in Massachusetts

How Many Death Certificates Do I Need?

Do I Need Probate?

Do I Have to File Tax Returns for Someone Who Died?

How Do I Settle an Estate?

What Do I Do When Someone Dies?

How Much Are Estate & Inheritance Taxes?

What Taxes Apply to My Inheritance?

Hire a Massachusetts Probate Attorney

Your kids shouldn't have to do this.

Massachusetts Estate Settlement Resources

Free Massachusetts Affidavit of Death

Your Information