Affidavit of Domicile

What is an affidavit of domicile?

An affidavit of domicile is a sworn legal document that establishes where a deceased person was legally residing at the time of their death. This document is primarily used during the estate settlement process to help financial institutions (particularly brokerage firms and transfer agents) determine which state's laws govern the transfer of securities and other assets from the deceased's name. The affidavit typically includes the decedent's name, date of death, last permanent address, and a statement affirming that this address represented their true legal residence (domicile) rather than just a temporary residence. It must be signed under oath before a notary public by someone with direct knowledge of the decedent's living situation, usually the estate executor, administrator, or a close family member.

When to use an affidavit of domicile

An affidavit of domicile may be required in several specific situations during estate settlement:

• When transferring securities and financial assets: The primary use occurs when an estate needs to transfer stocks, bonds, mutual funds, or other securities held in a brokerage account from a deceased person's name to beneficiaries or the estate. Transfer agents and brokerage firms routinely require this document to verify the decedent's legal residence before processing any asset transfers.
• For determining tax obligations: Financial institutions use the affidavit to determine which state's transfer taxes, inheritance taxes, or estate taxes apply to the asset transfer. Different states have varying tax rates and exemptions, so establishing the correct domicile is essential for proper tax calculation and compliance.
• When the decedent owned property in multiple states: If the deceased maintained residences in more than one state (such as a primary home and a vacation property), then the affidavit helps establish which state was the true legal domicile. This distinction is crucial because only one state can be the legal domicile, even if someone owned property elsewhere.
• During probate proceedings involving out-of-state assets: When settling an estate that includes securities or other assets registered in states other than where the probate case is filed, the affidavit helps coordinate the transfer process and ensures compliance with the domicile state's laws rather than where individual assets happen to be registered or held.

Affidavit of domicile help guide

An affidavit of domicile is used by an executor, administrator, personal representative, or heir of an estate to name the legal domicile where a person resided prior to passing away. In the document, the person making the sworn statement is referred to as the "Affiant," and the deceased person is called the "Decedent." The affidavit is helpful for transferring the assets of the decedent, but it need not be used for this purpose exclusively. Its basic function is to state where the decedent resided prior to death.

To complete the affidavit, enter the current full legal name of the decedent and affiant as well as their respective addresses.

The most important piece of information you will include is the address where the decedent lived prior to death. Where the decedent "resided" can sometimes be a tricky question if that person traveled a lot or had recently moved prior to death. Enter the place that the decedent would consider to be his or her permanent home, which is usually wherever the decedent spent most of his or her time.

Another important piece of information you will need to include is the type and location of any assets of the decedent that are being transferred. Be specific when identifying the assets.

The final step is to sign the document in the presence of a notary public. After that, your affidavit of domicile is complete.