AFFIDAVIT OF DOMICILE: Guide To Create an Affidavit of Domicile

affidavit of domicile

When someone dies, the executor of the person’s state is frequently required to submit a legal document known as an affidavit of domicile. This document contains a sworn statement from the executor stating where the dead person lived at the time of his death. An affidavit of domicile is frequently used to sort out the decedent’s assets and debts. There are simply a few procedures one will take in completing an affidavit of domicile form.

What is an Affidavit of Domicile?

An Affidavit of Domicile is a legal document that states where a deceased person lived at the time of death. This document was created by the executor of an estate.

This document is frequently used to transfer stocks and bonds from one party to another. When the original owner of the stocks or bonds dies, this document is frequently used. This document will subsequently be used by the executor of the decedent’s estate to transfer the stocks and bonds to the next of kin or another appropriate person.

This affidavit of domicile form will require a variety of information to be completed. The executor must be aware of the decedent or original owner, the new party, and the state and county where the transaction is taking place. The estate’s executor must also give a sworn statement about the stocks or bonds. The executor will also give the decedent’s preferences for these things. This affidavit of domicile form must be completed and notarized by all persons involved before it can be submitted and authorized.

A Notarized Affidavit of Domicile is another name for this document. This is not to be confused with an Affidavit of Residence, which is a separate sort of legal document.

When should an Affidavit of Domicile be used?

If you are the executor or administrator of an estate and need to transfer stocks or bonds owned by the deceased, you should utilize this document. This document may also be required to be presented in probate court.

When cashing in the deceased’s stocks or financial assets, the executor/administrator of the estate must present an Affidavit of Domicile. This document is frequently required by investment firms and brokers when transferring ownership of securities. Other information, such as a copy of a death certificate and account numbers, may be requested by financial institutions.

The affidavit verifies the deceased person’s place of abode at the time of death. This is significant because it decides whether states have the authority to impose inheritance taxes on the deceased person’s assets.

What Is in an Affidavit of Domicile?

To be legally legitimate, an affidavit of domicile must include identifying information for both the decedent and the executor of the estate (or whoever will be executing the affidavit). Other information may be requested depending on your state. If you are confused about your state’s estate rules, you should speak with a probate lawyer to ensure that your affidavit of domicile is legally acceptable.

Regardless of what your state needs, an affidavit of domicile normally includes the following information:

  • Name and address of the executor of the estate of the person who intends to inherit the assets
  • The decedent’s name
  • The date of death
  • Relationship of the executor of the estate to the decedent
  • The decedent’s city, county, and state of residence at the time of death
  • How long did the deceased live at their current address?

Some affidavits of domicile will additionally include a section about stocks and bonds as an option. You’ll need to know where all of the decedent’s stocks and bonds were at the time of their death. While this information is not necessary, having it will make the probate court operate more smoothly.

The affidavit of domicile must be signed and dated in the presence of a notary, and the document must include the notary stamp. It is critical to remember that an affidavit of domicile is a sworn written oath. So, falsifying information on this document is a criminal.

How Do I Fill Out a Domicile Affidavit?

If you are unsure how to fill out an affidavit of domicile, you may always seek the assistance of a probate lawyer or an estate planning expert.

Depending on where you live and the regulations in your state, you may be able to obtain a basic affidavit of domicile to fill out online. This affidavit of domicile form, which is normally available in PDF format, will ask you to fill out the following information:

  • The state and county where the document will be utilized
  • Your name and address, as well as the county in which you live
  • Your relationship to the deceased, which can be “executor,” “representative,” or “heir for the deceased.”
  • The date of death
  • The legal residence of the decedent at the moment of death
  • Length at the location

The affidavit of domicile form will also usually include a sentence that says 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 an area for you to sign the document as the executor, as well as a space for a notary public to sign and set their seal on the document.

What is the Distinction Between Residency and Domicile?

In general, a residence is a location where you live. This can be for a long or short period of time. Domicile refers to the location of your permanent residence. Typically, your domicile is the location where you pay taxes and vote.

Is it possible for a person to have two addresses?

No. It’s not feasible to declare domicile in more than one state. It is illegal to have more than one domicile certificate at the same time. It is typically where a person pays taxes and votes.

Can you alter your address?

Yes. You can lawfully change your domicile if you leave your current state and relocate to a new location.

How much would an Affidavit of Domicile generally cost me?

The expense of hiring and working with a traditional attorney to write an Affidavit of Domicile could range between $200 and $1,000, depending on where you live and how complicated the situation is.

Data on the Decedent

When you start filling out an affidavit of domicile, you will be required to enter certain information about the dead. The decedent’s place of abode, or “domicile,” is, of course, the most crucial piece of information here. When the decedent has resided in the same place for a long period, determining the domicile is simple. However, when a deceased had traveled extensively, lived in many residences previous to death, was a kid, or was mentally incompetent, this can become more difficult.

Affiant’s Details

The “affiant” is the individual who signs the affidavit and swears that the decedent was a resident of the location specified in the document at the time of death. When prompted to specify the affiant’s relationship with the decedent, you have the option of selecting one of the following:

  • Executor
  • Administrator
  • Representative for the individual

An “executor” is the person named in a decedent’s final will and testament to coordinate the distribution of the decedent’s property. If the will does not name an executor or the decedent dies intestate (without a will), the court will appoint a “administrator.” Finally, choose “personal representative” if the affiant was named as the decedent’s agent to handle his or her financial affairs in another document, such as a durable power of attorney.

Bonds and stocks

You will be able to identify the location of the decedent’s stocks and bonds at the time of death in the following stage. This step is optional and is intended to assist the probate court in determining which laws will apply to the distribution of those assets.

Putting Your Affidavit of Domicile into Action

Following completion of the affidavit of domicile form, the affiant will sign and date it in the presence of a notary, who will sign in acknowledgement at the bottom. While not all jurisdictions require a notary to sign, it is strongly advised that a notary be utilized in the event of a dispute about the document’s authenticity.

Affidavit of Domicile Key Terms

There are several essential terms that can be found in most affidavits of domicile. It is critical to understand these terms in order to comprehend the document’s purpose.

  • Deceased: A person who has died.
  • Estate: All of the deceased person’s property, including real and personal goods.
  • Executor of the Estate: The executor of the estate is the person named in the will to administer the deceased’s assets. The executor of the state, sometimes known as the executor of the will, is in responsible of settling the deceased’s debts and transferring assets to beneficiaries in accordance with the will.
  • Beneficiaries: Beneficiaries are people who are specified in a will and receive a portion of the decedent’s assets.
  • Probate Court: Probate courts are state courts that deal with will execution.
  • Domicile: This is the location where the deceased person lived, paid taxes, and voted.
  • Estate Account: An estate account is formed after a person’s death and is used for any estate-related transactions, such as paying debts and depositing funds from real estate sales or other assets. Typically, the executor of the estate opens and manages this account.
  • Stocks and Securities: Documents demonstrating ownership in a publicly listed corporation.
  • Financial Broker: A financial broker is someone who handles the buying and selling of stocks and securities.

Should I Consult a Lawyer About an Affidavit of Domicile?

Because will disputes are frequently difficult to resolve, you should speak with a local probate lawyer if you have any legal concerns. Alternatively, if you want an affidavit of domicile, an experienced and local probate attorney can assist you.

As can be seen, a local attorney is better suited to comprehending your state’s rules and requirements, as well as how they may effect your case. An attorney can also advise you on how to complete and certify an affidavit and represent you in court if necessary.

Read Also: Managing real estate: Why you need a Professional

Affidavit of Domicile FAQs

What are the Domicile Documents?

Documents Needed to Get a Domicile Certificate Evidence of residency, such as a ration card or a driver’s license. Birth certificates, school certificates (10th admit card), and other forms of identification are acceptable as proof of age. Two passport-sized photos Aadhaar cards, PAN cards, and other forms of identification are acceptable.

What is a Domicile Letter?

A domicile letter is a letter issued by your Local Government Council that certifies and confirms your dwelling residence.

What is a Decedent Domicile?

Domicile of the Decedent. Estate proceedings, such as probate and small estate, are filed in the Surrogate’s Court in the county where the Decedent (the person who died) had their “domicile” before death. This is the county in which the Decedent resided and was deemed their primary home address prior to death.

What is a School Affidavit?

An Affidavit of Residence is a legal document that can be used to authenticate your residence as well as the residency of anyone living with you. An Affidavit is most commonly used in response to a request for proof of residency from a school, financial institution, court, or other agency.

What is the Procedure for Obtaining My Domicile Certificate Number?

There is no such thing as a domicile number. The number inscribed on the upper half of the domicile certificate is the domicile certificate number. In most cases, it is 11 digits.

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