• Skip to main content
  • Skip to primary sidebar
  • Skip to footer

Legal Templates

Legal Templates
  • Business Forms
    Business & Contracts

    All of our legal contracts and documents are drafted and regularly updated by attorneys licensed in their respective jurisdictions, paralegals, or subject matter experts. Save your hard-earned money and time with Legal Templates.

    Top Business Forms
    Business Formation
    • Business Plan
    • LLC Operating Agreement
    • Articles of Incorporation
    • Corporate Bylaws
    • Buy-Sell Agreement
    Business Operations
    • Business Contract
    • Partnership Agreement
    • Non-Disclosure Agreement
    • Release of Liability
    • Letter of Intent
    Sales and Payments
    • Purchase Agreement
    • Sales Agreement
    • Invoice
    • Purchase Order
    • Business Purchase
    Employment and HR
    • Employment Contract
    • Employment Offer
    • Employment Verification
    • Freelance Contract
    • Non-Compete Agreement
    View All Business Forms
  • Real Estate Forms
    Real Estate

    All of our legal contracts and documents are drafted and regularly updated by attorneys licensed in their respective jurisdictions, paralegals, or subject matter experts. Save your hard-earned money and time with Legal Templates.

    Top Real Estate Forms
    Landlords
    • Lease Agreement
    • Property Management
    • Eviction Notice
    • Late Rent Notice
    • Lease Termination
    Tenants
    • Room Rental
    • Sublease Agreement
    • Roommate Agreement
    • Notice to Vacate
    • Early Lease Termination
    Home Ownership
    • Real Estate Purchase Agreement
    • Mortgage Deed
    • Quitclaim Deed
    • Deed of Trust
    • Moving Checklist
    View all Real Estate Forms
  • Personal & Family Forms
    Personal and Family

    All of our legal contracts and documents are drafted and regularly updated by attorneys licensed in their respective jurisdictions, paralegals, or subject matter experts. Save your hard-earned money and time with Legal Templates.

    Top Personal and Family Forms
    Estate Planning
    • Power of Attorney
    • Last Will & Testament
    • Living Will
    • Advance Directive
    • DNR Form
    Personal Finance
    • Bill of Sale
    • Loan Agreement
    • Purchase Agreement
    • Promissory Note
    • Sales Agreement
    Family Matters
    • Parenting Plan
    • Child Travel Consent
    • Divorce Agreement
    • Separation Agreement
    • Prenuptial Agreement
    Affidavits
    • General Affidavit
    • Gift Affidavit
    • Affidavit of Identity
    • Affidavit of Residence
    • Affidavit of Death
    View All Personal Forms
  • Support
    Resources
    • Business
    • Real Estate
    • Personal and Family
    • Financial
    • Estate Planning
    Support
    • About Us
    • Careers
    • Contact Us
    • All Legal Documents

    Monday - Friday | 9AM - 7PM EDT

    (855) 335-9779

  • Sign In
  • :email

Home Personal & Family Documents Affidavit Domicile

Free Affidavit of Domicile Form

Use our Affidavit of Domicile form to verify the last home address of a deceased person to speed up the inheritance process.

Updated February 3, 2023

An Affidavit of Domicile is a legal document used to verify the last address of someone recently deceased. Affidavit of Domicile forms is often used to help quicken the process of transferring the deceased’s stocks, bonds, or other similar assets to their new owner.

Table of Contents
  • What is an Affidavit of Domicile?
  • When do You Need an Affidavit of Domicile?
  • The Consequences of Not Having an Affidavit of Domicile
  • The Most Common Uses for This Form
  • How Do I Fill Out an Affidavit of Domicile?

What is an Affidavit of Domicile?

An Affidavit of Domicile is a legal document used after someone has died to establish their primary place of residence. It is often created and sworn by the executor of the deceased’s estate and required by financial brokers to transfer securities ownership from the deceased to their beneficiaries.

In situations where the deceased had more than one home, their domicile is where they have voted and paid taxes. To their knowledge, affidavits of Domicile must be signed before a notary public, and the executor or affiant signing the Affidavit of Domicile must swear that the information contained in it is accurate. The most common terms used in an Affidavit of Domicile  are:

  • Deceased: the person who has died.
  • Estate: the real and personal property of the deceased.
  • The executor of the Estate: the person identified and appointed in the will to manage the settlement of the deceased’s debts and the distribution of the remaining assets to the beneficiaries. This person may also be referred to as the executor of the will.
  • Beneficiaries: the people identified in the will to receive assets from the estate.
  • Probate Court: the state court with jurisdiction to oversee the execution of the will.
  • Jurisdiction: the legal authority of a court to settle matters brought before it.
  • Domicile: the place the deceased lived, voted, and paid taxes. It is most often their home or primary residence.
  • Estate Account: an account opened by the estate’s executor after a person has died. The account pays estate debts and deposits funds from selling estate assets and related transactions.
  • Stocks and Securities: documents that represent an ownership percentage in a publicly-traded company.
  • Financial Broker: a person who manages the purchase and sale of securities.

The terms Affidavit of Domicile and Affidavit of Residency are used interchangeably on some websites and in other resources, but in most states, they are two different things.

As a reference, this document may also be referred to as a:

  • Notarized Affidavit of Domicile

When do You Need an Affidavit of Domicile?

An Affidavit of Domicile is needed when you are appointed as the executor of an estate and need to transfer the deceased’s securities to their beneficiaries. A financial broker requires this document to confirm the deceased person’s residence to determine which state’s estate and inheritance taxes will be assessed against these assets.

A separate Affidavit of Domicile is required for each security account. For example, if someone owned shares of stock in one company, only one affidavit is required. If they owned stock in five different companies, five affidavits of domicile are required to transfer these shares.

The Consequences of Not Having an Affidavit of Domicile

Without an Affidavit of Domicile, the will’s executor cannot settle an estate that includes stocks, bonds, or other securities. Under these circumstances, ownership of the securities cannot be transferred to the appropriate beneficiary. The beneficiary cannot cash them for the proceeds deposited into the estate account.

 

This asset is also considered a debt against the estate because the taxes must be paid upon transfer or sale. The estate is forced to remain open until the transfer occurs and the taxes are paid, which may delay the distribution of other assets to the beneficiaries.

In addition, the executor could be sued by the beneficiaries for incompetence and failure to fulfill their duties to distribute assets per the will’s terms.

Make it easy for the executors to perform their duties by attaching an addendum to your will that lists your securities and includes account numbers and financial brokers or brokerage firms. 

Update the addendum as needed to maintain a complete and accurate list of accounts.

The Most Common Uses for This Form

The most common situation when an Affidavit of Domicile is used occurs when the executor of an estate is responsible for settling an estate that includes securities. Some banks may also require this document unless an estate account has been opened.

You can avoid using an Affidavit of Domicile by opening joint securities account with your intended beneficiary. In this situation, these assets are not included in the estate as they are already owned by the person you have selected.

How Do I Fill Out an Affidavit of Domicile?

Step 1 – Provide Affiant Information

When writing an Affidavit of Domicile, you must first provide details about the person creating the affidavit. Include your name and your role in the estate:

  • Executor
  • Administrator
  • Heir
  • Survivor

Step 2 – Provide Decedent Information

The decedent refers to the deceased individual you are writing an affidavit about. You should fill in the following information:

  • Decedent Name
  • Date of death
  • Social Security Number (SSN)
  • Address
  • Length of residence

Step 3 – Add in the Final Details

Once you have filled in the above, choose the state whose laws will determine how the agreement is interpreted in case of a dispute.

Step 4 – Notarize the Document

Having the affidavit notarized will help verify the authenticity of the affidavit should there be a dispute down the line.

What Should be Included in Your Affidavit of Domicile

A basic affidavit of domicile includes the following:

  • The Name of the deceased
  • The deceased’s Address
  • The length of Time they lived at the address
  • The Date they died
  • The Probate Court, which has jurisdiction
  • Instructions for the transfer or cashing of securities

When the decedent was a minor, mentally incompetent, residing in a nursing home, or otherwise lacking legal capacity, completing an affidavit of domicile can be more complicated, and expert advice may be needed.

Affidavit of Domicile Form Sample

Below is an example of a typical Affidavit of Domicile form. You can download our Affidavit of Domicile form in PDF or Word format.

affidavit of domicile

PDF
Word

affidavit of domicile Preview PDF

Free Affidavit of Domicile Form

Create Your Affidavit of Domicile in Minutes!

Legal Documents

  • All Legal Forms
  • Business Forms
  • Real Estate Forms
  • Personal and Family Forms

Popular Forms

  • Lease Agreements
  • Power of Attorney Forms
  • Eviction Notice
  • Living Will
  • Non-Disclosure Agreement

Resources

  • Legal Resources
  • Business
  • Real Estate
  • Personal & Family
  • Estate Planning
  • Financial
  • Covid-19 Resources

Company

  • Pricing
  • About Us
  • Careers
  • Contact Us
  • Partner With Us
  • Legal Dictionary

Users

  • Account
  • Terms of Use
  • Privacy Policy
  • Do Not Sell My Personal Information
McAfee - Together is power.
Trustpilot
BBB Accredited Business

(855) 335-9779, Monday-Friday, 9AM - 7PM EDT

Facebook Twitter LinkedIn

Copyright 2023 Legal Templates LLC. Legal Templates LLC is not a lawyer, or a law firm and does not engage in the practice of law. Legal Templates cannot and does not provide legal advice or legal representation. All information, software and services provided on the site are for informational purposes and self-help only and are not intended to be a substitute for a lawyer or professional legal advice. Use of this site is subject to our Terms of Use. Legaltemplates.net is owned and operated by Resume Technologies Limited, London with offices in London United Kingdom.”

Esc

Free Affidavit of Domicile Form

affidavit of domicile

The document above is a sample. Please note that the language you see here may change depending on your answers to the document questionnaire.

Fill in the details

Thank you for downloading one of our free legal templates!

Would you leave us a review?

We hope you've found what you need and are able to avoid the time, costs, and stress associated with dealing with a lawyer.

A review would mean the world to us (it only takes about 15 seconds).

Please check your download folder for MS Word or open tabs for PDF so you can access your FREE Legal Template Sample

Thanks again, and good luck!

Leave My Review