How to Fill Affidavit of Domicile Form (Free Templates)

An Affidavit of Domicile can be defined as a legal document signed before a notary public that establishes the deceased’s place of residence following their death. The document is often presented in probate court- i.e., the court that helps in the distribution of the deceased assets/estate to the rightful heirs/beneficiaries.

The Affidavit is often created and sworn by the Executor of the deceased Estate, i.e., the person in charge of initiating the probate process or executing the Will left behind by the deceased- and required by financial brokers to transfer securities ownership from the deceased to the rightful heirs/beneficiaries.

Here are the most common terms that you will encounter when using an affidavit of domicile form:

Deceased— who has died. In the Affidavit, this is the person whose property/estate is to be distributed

Domicile—Place where the deceased lived, voted, and paid taxes, which is often their primary residence or home.  

Estate—Include all the real and personal property left behind by the deceased

Affiant—Someone who is tasked with filing an affidavit. Once the affiant acknowledges signing the Affidavit for its intended use, the document is notarized and becomes a sworn affidavit.

Executor/ Executor of the Estate/Executor of the Will—Person usually the family’s lawyer or a lawyer appointed by the court or by the deceased in the Will to see through the settlement of the deceased’s debts and the distribution of their remaining assets to the rightful heirs/beneficiaries.

Beneficiaries—Are the people identified in the Will left behind by the deceased to receive assets from their Estate

Probate Court—This is the court in charge of overseeing the execution of the Will.

Stocks and Securities—Are documents that show legal ownership percentage in a publicly-traded company.

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What should be Included in an Affidavit of Domicile

An Affidavit of Domicile comes into play when a person dies, and distribution of their Estate is in question. Since it is a legal document that may be presented in court or in other legal proceedings, there are key elements that must be included in the form.

These key elements include:

Name of the deceased

To begin with, the name of the deceased should be included in the form. The name included must match what is included in all their identification card/passports or any other identification documents. Note that it is important that the name of the deceased be exactly as that included in other legal documents to avoid any issues, as a simple change of letter or name may lead to another legal turmoil.

Address of the deceased

The next thing to include is the address. This is the address of the deceased, i.e., their Domicile- where the deceased lived, voted, and paid taxes, which is often their primary residence or home.

Length of time

After you’ve included the name and address, including the time: i.e., the length of time that the deceased lived at the specified address. Mentioning the duration in which the deceased lived in a given address will help the court establish Domicile, thereby furthering the Estate’s distribution process.

Date of the deceased death

Next, include the date. This is the date of the deceased death. It is important to mention the date and time of their death as well as where they died to help the court better understand and establish a legal ground for the distribution of the Estate. Make sure to check the death certificate issued by the CDC’s National Center for Health Statistics.

Probate court

Another key item that should be included in the Affidavit is the name of the Probate Court. The Affidavit should have the name of the probate court, i.e., the court which has jurisdiction over the distribution of the deceased Estate.

Transfer/cashing of securities

Lastly, include the instructions for the transfer/cashing of securities. Are there any special instructions that you are giving the entities responsible for dispersing the securities or stock? Make sure to mention them here. The instructions may include where to deposit the securities and stocks, how much to transfer? The mode of transfer, etc.

How to Create an Affidavit of Domicile

Since the Affidavit is a legal document, there is a right way- standard way- that you should craft your Affidavit. Affidavits, in most cases, can be completed by any person; however, they must be notarized before they can be considered valid.

Here is how you should create an affidavit of Domicile.

Information of the deceased

When drafting an affidavit of Domicile, the first thing you want to include is the information about the deceased. i.e., their name, address, date of death, etc.

The affiant’s information

The “Affiant” is the person responsible for signing the Affidavit and swearing that the deceased was indeed a resident at the address specified in the Affidavit at their time of death.

Stocks and bonds

The next thing that you have to include is the location of the deceased’s bond, stocks, and securities at the time of their death. This step is not mandatory. However, it is important to include it as it will help the probate court determine the specific laws that apply to distributing those assets.

Execute the affidavit of domicile

After you’ve included all the information as required and have gone through it to make sure that everything is ok, the next step is to have the affiant sign and properly date the Affidavit in the presence of a public notary who will sign in acknowledgment of the document at the bottom.

Situations When an Affidavit of Domicile is Needed

An affidavit of Domicile is usually used anytime there is a need for legal proof of a deceased person’s residence. Often, this occurs when the Executor needs to transfer certain assets or part of an estate that the deceased left behind, especially securities or stocks.

Another use of Affidavit of Domicile involves the determination of Domicile for tuition purposes with a state-supported university or college. In Florida, for example, a student is required to file a declaration of Domicile with the clerk of court in the state where they are looking to establish a permanent Domicile.

Insurance companies or banks may also require the Affidavit before releasing the deceased’s assets to the legally established rightful heirs and/or beneficiaries.

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Consequences of not Having an Affidavit of Domicile

Since the financial institutions require the Affidavit for the Executor of the Will to transfer stocks and securities, they will not be able to do so without one. If they do not present an affidavit, the ownership of the stocks and securities cannot be transferred to the rightful heirs/beneficiaries, and they cannot be cashed so that the proceeds be remitted into the Estate’s account.

Without an affidavit to initiate the transfer of bonds, stocks, and securities, the assets are considered a debt against the Estate since the taxes that have to be paid upon transfer or sale will not have been made. This may lead to the delay in distributing the Estate to the rightful heirs and/or beneficiaries as the Estate will be forced to remain open until the transfer is completed and the taxes paid.

Consequently, not having an affidavit of Domicile may lead to the Executor of the Will being used for incompetency and failure to fulfill their duty in distributing the Estate as defined in the Will.

Free Affidavit of Domicile Forms

When you are looking to file an affidavit of Domicile, it is important that you use a form that has all the required details to help make the process must faster and convenient. To do so efficiently, it is important to use a template that has all the key areas specified to make sure that no information is left out that could possibly hinder the court from making a ruling on the distribution of the Estate. Download and use our free Affidavit of domicile templates today to help craft a great affidavit to help speed up the process.

Affidavit of Domicile Template 01

Affidavit of Domicile Template 02

Affidavit of Domicile Template 03

Affidavit of Domicile Template 04

Affidavit of Domicile Template 05

Affidavit of Domicile Template 06

Affidavit of Domicile Template 07

Affidavit of Domicile Template 08

Affidavit of Domicile Template 09

    Frequently Asked Questions

    Can Affidavit be used as proof of address?

    Affidavits are legal documents used to declare facts in writing and can be used as support documents and also as evidence in courts. An Affidavit for proof of residence is a document used to prove a person’s address legally.

    Who can sign an affidavit of Domicile?

    In most cases, the Affidavit of Domicile is signed by the Executor of the Will. However, the person can also be the family’s lawyer, a lawyer appointed by the court, or the deceased in the Will.

    What Domicile at death mean?

    An affidavit of Domicile basically states important information such as where the deceased lived and for how long they lived there.

    Conclusion

    When someone dies, and you are looking to prove their residency to facilitate the distribution of their Estate, you will be required in most cases by the court to file an affidavit of Domicile. This will help the court determine the right laws to employ when making its judgment on the Estate. To ensure that the entire process continues smoothly, it is important that you include all the key details as highlighted in this article. Also, remember that it is always important to seek your legal counsel’s advice before making any decisions or signing any documents when it comes to legal matters.

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