What Is an Affidavit of Domicile?
An affidavit of domicile is a sworn statement, often completed by the estate’s executor, that confirms the decedent’s permanent home at their time of death. It’s signed in front of a notary, which helps establish where the person was legally based.
Banks and transfer agents use it to apply the proper state laws when transferring assets. Some institutions may refer to a similar document as an affidavit of residency, but the affidavit of domicile is the one used for estate administration. The executor, administrator, or another authorized representative typically signs it.
Domicile is the taxpayer’s real, permanent home under IRS rules. They might have several places (“residences”) where they live, but only one counts as their legal domicile.
When You Need an Affidavit of Domicile
You need an affidavit of domicile when a bank or brokerage must verify a decedent’s permanent home. They rely on it to confirm which state’s laws apply before releasing or updating investment accounts and to guard against impersonations or false declarations that could lead to fraud. That’s why you’ll need it for:
- Transfers of stocks, bonds, mutual funds, and other securities
- Closing or changing accounts in the decedent’s name
- Probate cases where the court must choose the correct state rules
- Situations where the decedent lived in more than one place
- Assets that don’t pass automatically to beneficiaries
- Accounts tied to state tax or reporting rules
In each situation, an affidavit of domicile helps financial institutions and the court identify the state that governs the estate.
What Happens If You Don’t Have an Affidavit of Domicile?
Without an affidavit of domicile, the decedent’s assets can stay frozen. Banks and brokerages won’t transfer securities or allow changes to accounts until they know which state controls the process.
This slows probate and leaves beneficiaries unable to access funds or move investments. Heirs may disagree about which state’s laws apply, and the estate can become more expensive to settle. The assets remain stuck until someone confirms the decedent’s permanent home.
A little planning goes a long way. Take a look at our guide on the 11 End-of-Life Documents Everyone Needs to stay organized.
How to Fill Out an Affidavit of Domicile
An affidavit of domicile has to line up with the records banks review, especially the decedent’s identity and legal home. You’ll enter those details and the notary location right on the form. Here’s how to complete it.
- Enter your name and estate role. Start by writing your full name and noting whether you’re the executor, administrator, or another authorized representative.
- Record the decedent’s identifying details. Add the decedent’s full name, date of death, and Social Security number. Make sure the date of death matches the death certificate, since banks compare the two.
- State the decedent’s legal residence. Next, list the full address and ZIP code of the decedent’s permanent home. Include the number of years they lived there to help show it was their legal domicile.
- Select the state that will govern the form. After that, choose the state whose laws will apply to the affidavit and the transfer of assets.
- Provide the notary’s jurisdiction. Enter the county and state where the affidavit will be notarized. You must sign the form in front of the notary.
- Add the signing date. Finally, write the date of the affidavit. Your signature date and the notary’s date must match to prevent delays.
Legal Templates makes the process easier by guiding you through each field online, so you don’t have to guess what to enter. It gives you a document that meets financial institutions’ expectations and saves you time during an already stressful process.
Some institutions may ask for extra proof of domicile, like a driver’s license, utility bill, or tax return showing the decedent’s permanent home. It helps to have these on hand.
Sample Affidavit of Domicile
Here’s a sample affidavit of domicile to show you how the form works. You can fill out your own version online using our guided template and then download the finished document in Word or PDF.