An affidavit of domicile is a legal document that legally verifies where a decedent lives. After person’s death, it may be necessary for relatives to establish the decedent’s primary place of residence for inheritance and the probate process. This document is usually required if the decedent owned stocks and securities.
To be legally valid, an affidavit of domicile requires that the person signing the document swears to the best of their knowledge that the information in the affidavit is accurate. Normally, the executor of the estate will be the person who signs this document. This affidavit must also be notarized.
An affidavit of domicile is important because where the decedent lived will dictate what state laws the probate process must follow. In some cases, the decedent has more than one home. Their domicile will be where they voted and paid taxes.
This information is necessary for an executor of the estate to transfer assets like stocks or securities. Brokers will usually require the affidavit of domicile before transferring any assets. After residence has been verified, the process of transferring property as per the decedent's will or state law can begin.
There are various key terms that you will find in most affidavits of domicile. It is important to understand these terms in order to understand the purpose of the document.
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Meet some lawyers on our platformThe purpose of an affidavit of domicile is to verify a deceased person’s permanent residence. This is required in probate court and is used to transfer stocks and bonds owned by the decedent during the probate process.
The executor of the estate will need to present this affidavit to financial brokers and to other financial institutions while handling the deceased person’s financial affairs. These places may also require a death certificate and other account information.
If the decedent has more than one security account and owns shares of stock in more than one company, the executor of the estate will need an affidavit of domicile for each company.
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An affidavit of domicile requires identifying information about both the decedent and the executor of the estate (or whoever will be executing the affidavit) to be legally valid. Depending on your state, other information may be required. If you are unsure about the estate laws where you live, you could consult with a probate lawyer to be sure that your affidavit of domicile is legally valid.
No matter what you state requires, generally an affidavit of domicile includes the following information:
Some affidavits of domicile will also include an optional section about stocks and bonds. You will need to know the location of all the decedent’s stocks and bonds at the time of their death. Having this information, while not required, will help probate court run more smoothly.
The affidavit of domicile must be signed and dated in the presence of a notary and the notary stamp must be affixed to the document. It is important to remember that an affidavit of domicile is a sworn written oath, and it is a crime to falsify information on this document.
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If you are unsure about how to fill out an affidavit of domicile, you can always contact a probate lawyer or a lawyer who specializes in estate planning to assist you.
Depending on where you live and your state laws, you may be able to find a simple affidavit of domicile online to fill out. This form, usually available in PDF format will require that you fill out the following information:
The affidavit of domicile will also usually include a sentence that states something like, “This affidavit has been created for the purpose of securing the transfer or delivery of property owned by the decedent at the time of death to a purchaser or persons legally entitled thereto under the laws of the decedent’s state of domicile.”
There will then be a space where you can sign the document as the executor and a place for a notary public to sign and place their seal on the document.
Click here to see an example form of an Affidavit of Domicile.
What is the difference between residence and domicile?
Generally, a residence is a place that you live. This can be for a long or short term. Domicile is the location of your permanent home. Usually, a domicile is the place in which you pay taxes and vote.
Can a person have two domiciles?
No. It is not possible to declare domicile in two different states. You can only have one domicile certificate at a time, and it is actually an offense. Typically it is where the person pays taxes and votes.
Can you change your domicile?
Yes. If you leave the state in which you currently live and settle in a new location, you can legally change your domicile.
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