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What is an Affidavit of Domicile?
An affidavit of domicile is a legal document that legally verifies where a decedent lives. After person’s death, it may be necessary for relatives to establish the decedent’s primary place of residence for inheritance and the probate process. This document is usually required if the decedent owned stocks and securities.
To be legally valid, an affidavit of domicile requires that the person signing the document swears to the best of their knowledge that the information in the affidavit is accurate. Normally, the executor of the estate will be the person who signs this document. This affidavit must also be notarized.
An affidavit of domicile is important because where the decedent lived will dictate what state laws the probate process must follow. In some cases, the decedent has more than one home. Their domicile will be where they voted and paid taxes.
This information is necessary for an executor of the estate to transfer assets like stocks or securities. Brokers will usually require the affidavit of domicile before transferring any assets. After residence has been verified, the process of transferring property as per the decedent's will or state law can begin.
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Key Terms in an Affidavit of Domicile
There are various key terms that you will find in most affidavits of domicile. It is important to understand these terms in order to understand the purpose of the document.
- Deceased: The person who died.
- Estate: All of the property that belonged to the deceased person including real and personal property.
- Executor of the Estate: The executor of the state is the person who is appointed by the will to manage the deceased’s property. The executor of the state, sometimes called the executor of the will is in charge of settling the debts of the deceased and distributing assets to beneficiaries as the will dictates.
- Beneficiaries: Beneficiaries are named in the will and will receive a portion of the decedent’s assets.
- Probate Court: Probate courts are state courts that handle the execution of wills
- Domicile: This is where the deceased person lived, paid taxes, and voted.
- Estate Account: An estate account is opened after the death of a person and is used for all transactions relating to the estate including paying debts and depositing funds from real estate sales or other assets. This account is usually opened and controlled by the executor of the estate.
- Stocks and Securities: Documents that show ownership in a publicly traded company.
- Financial Broker: A financial broker manages the purchases and sales of stocks and securities.
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Purpose of an Affidavit of Domicile
The purpose of an affidavit of domicile is to verify a deceased person’s permanent residence. This is required in probate court and is used to transfer stocks and bonds owned by the decedent during the probate process.
The executor of the estate will need to present this affidavit to financial brokers and to other financial institutions while handling the deceased person’s financial affairs. These places may also require a death certificate and other account information.
If the decedent has more than one security account and owns shares of stock in more than one company, the executor of the estate will need an affidavit of domicile for each company.
Learn more the purpose of an Affidavit of Heirship .
What’s Included in An Affidavit of Domicile
An affidavit of domicile requires identifying information about both the decedent and the executor of the estate (or whoever will be executing the affidavit) to be legally valid. Depending on your state, other information may be required. If you are unsure about the estate laws where you live, you could consult with a probate lawyer to be sure that your affidavit of domicile is legally valid.
No matter what you state requires, generally an affidavit of domicile includes the following information:
- Name and address of the executor of the estate or person planning to take ownership of the assets
- Name of the decedent
- Date of death
- Executor of the estate’s relationship to the decedent
- The city, county, and state of residence of the decedent at the time of death
- How long the decedent resided at their current address
Some affidavits of domicile will also include an optional section about stocks and bonds. You will need to know the location of all the decedent’s stocks and bonds at the time of their death. Having this information, while not required, will help probate court run more smoothly.
The affidavit of domicile must be signed and dated in the presence of a notary and the notary stamp must be affixed to the document. It is important to remember that an affidavit of domicile is a sworn written oath, and it is a crime to falsify information on this document.
Learn what’s included in a Power of Attorney .
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How Do I Fill Out an Affidavit of Domicile?
If you are unsure about how to fill out an affidavit of domicile, you can always contact a probate lawyer or a lawyer who specializes in estate planning to assist you.
Depending on where you live and your state laws, you may be able to find a simple affidavit of domicile online to fill out. This form, usually available in PDF format will require that you fill out the following information:
- State and County of where the document is to be used
- Your name and address including the county in which you reside
- Your relationship to the decedent which usually can either be “executor”, “representative”, or “heir for the deceased”
- Date of death
- The decedent’s legally residence at the time of death
- Length at that address
The affidavit of domicile will also usually include a sentence that states 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 a space where you can sign the document as the executor and a place for a notary public to sign and place their seal on the document.
Click here to see an example form of an Affidavit of Domicile.
Affidavit of Domicile FAQs
What is the difference between residence and domicile?
Generally, a residence is a place that you live. This can be for a long or short term. Domicile is the location of your permanent home. Usually, a domicile is the place in which you pay taxes and vote.
Can a person have two domiciles?
No. It is not possible to declare domicile in two different states. You can only have one domicile certificate at a time, and it is actually an offense. Typically it is where the person pays taxes and votes.
Can you change your domicile?
Yes. If you leave the state in which you currently live and settle in a new location, you can legally change your domicile.
Get Help with An Affidavit of Domicile
Do you have questions about an affidavit of domicile and want to speak to an expert? Post a project today on ContractsCounsel and receive bids from probate lawyers who specialize in affidavits of domicile.
Meet some of our Affidavit of Domicile Lawyers
Donya G.
I am a licensed and active NY and CT Contracts Attorney, with over 20 years of diverse legal and business experience. I specialize in reviewing, drafting and negotiating commercial agreements. My practice focuses on working with small business clients as well as clients from international brokerage firms on acquisitions, especially in the Ecommerce space; drafting, negotiating, reviewing and advising on business agreements; ; breach of contract issues, contract disputes and arbitration. I am licensed to practice in New York and Connecticut, and am a FINRA and NCDS Arbitrator. My experience includes serving as General Counsel to small businesses. This entails reviewing, updating and drafting contracts such as employments agreements, asset purchase agreements, master services agreements, operating agreements and a variety of business and commercial contracts. Additionally, I assist clients with business strategies, contract disputes and arbitration. My diverse experience allows me to give my clients a well-rounded approach to the issues they face. I have been at top AML law firms; a Vice President at an Investment Bank, a Civil Court Arbitrator presiding over cases in contract law, commercial law, a Hearing Officer, presiding over cases and rendering written decisions, and a Judicial Clerk to a Civil Court Judge. It would be a privilege to assist you and your business with my services.
Daehoon P.
Advised startups and established corporations on a wide range of commercial and corporate matters, including VC funding, technology law, and M&A. Commercial and Corporate Matters • Advised companies on commercial and corporate matters and drafted corporate documents and commercial agreements—including but not limited to —Convertible Note, SAFE, Promissory Note, Terms and Conditions, SaaS Agreement, Employment Agreement, Contractor Agreement, Joint Venture Agreement, Stock Purchase Agreement, Asset Purchase Agreement, Shareholders Agreement, Partnership Agreement, Franchise Agreement, License Agreement, and Financing Agreement. • Drafted and revised internal regulations of joint venture companies (board of directors, employment, office organization, discretional duty, internal control, accounting, fund management, etc.) • Advised JVs on corporate structuring and other legal matters • Advised startups on VC funding Employment Matters • Drafted a wide range of employment agreements, including dental associate agreements, physician employment agreements, startup employment agreements, and executive employment agreements. • Advised clients on complex employment law matters and drafted employment agreements, dispute settlement agreements, and severance agreements. General Counsel • As outside general counsel, I advised startups on ICOs, securities law, business licenses, regulatory compliance, and other commercial and corporate matters. • Drafted or analyzed coin or token sale agreements for global ICOs. • Assisted clients with corporate formations, including filing incorporation documents and foreign corporation registrations, drafting operating and partnership agreements, and creating articles of incorporation and bylaws. Dispute Resolution • Conducted legal research, and document review, and drafted pleadings, motions, and other trial documents. • Advised the client on strategic approaches to discovery proceedings and settlement negotiation. • Advised clients on employment dispute settlements.
Karl D. S.
Karl D. Shehu, has a multidisciplinary practice encompassing small business law, estate and legacy planning, real estate law, and litigation. Attorney Shehu has assisted families, physicians, professionals, and people of faith provide for their loved ones by crafting individualized estate and legacy plans. Protecting families and safeguarding families is his passion. Attorney Shehu routinely represents lenders, buyers, sellers, and businesses in real estate transactions, researching and resolving title defects, escrowing funds, and drafting lending documents. To date, Attorney Shehu has closed a real estate deal in every town in Connecticut. As a litigator, Attorney Shehu has proven willing to engage in contentious court battles to obtain results for his clients. While practicing at DLA Piper, LLP, in Boston, Attorney Shehu represented the world’s largest pharmaceutical companies in multidistrict litigations filed throughout the United States. He has been a passionate advocate for immigrants and the seriously injured, frequently advising against lowball settlement offers. He is willing to try every case to verdict, and he meticulously prepares every case for trial. Attorney Shehu began his legal career as a consumer lawyer, utilizing fee-shifting statutes to force unscrupulous businesses to pay the legal fees of aggrieved consumers. For example, in Access Therapies v. Mendoza, 1:13-cv-01317 (S.D. Ind. 2014), Attorney Shehu utilized unique interpretations of the Trafficking Victims Protection Act, Truth-in-Lending Act, and Racketeer Influenced and Corrupt Organizations Act (RICO) to obtain a favorable result for his immigrant client. Attorney Shehu is a Waterbury, Connecticut native. He attended Our Lady of Mount Carmel grammar school, The Loomis Chaffee School, and Chase Collegiate School before earning degrees from Boston College, the University of Oxford’s Said Business School in England, and Pepperdine University School of Law. At Oxford, Karl was voted president of his class. Outside of his law practice, Attorney Shehu has worked to improve the world around him by participating in numerous charitable endeavors. He is a former candidate for the Connecticut Senate and a parishioner of St. Patrick Parish and Oratory in Waterbury. In addition, Attorney Shehu has written extensively on the Twenty-fifth Amendment and law firm retention by multinational firms.
Diana M.
Diana is a registered patent attorney and licensed to practice law in Florida and in federal courts in Florida and in Texas. For nearly a decade, Diana has been known as the go-to brand builder, business protector, and rights negotiator. Diana works with individual inventors, startups, and small to medium-sized closely held business entities to build, protect, and leverage a robust intellectual property portfolio comprising patents, trademarks, copyrights, trade dress, and trade secrets.
Blake L.
I am a sole practitioner who has been in practice for over 25 years. I have represented many small businesses during this time. Let me bring my expertise to your business.
September 2, 2020
Maury B.
Respected, driven, ethical, and high energy legal and business professional with strong focus on litigation, contracts and compliance issues. Critical management experience includes client development, developing core initiatives, and forecasting risk in major corporations. Strong legal research, analytical and problem solving skills with demonstrated adaptability in a multifaceted legal practice including delivering high value results in a Fortune 10 environment. Core competencies include: Tactical and strategic legal direction and support to clients which includes contract negotiation, drafting and review, business planning, and a passion for relationship management. Excellent legal research, writing, analytical and problem solving skills including legal training and compliance with regulatory requirements and corporate policies. Coordinates with in-house legal and business resources for team building with excellent verbal communication skills, coaching, and leadership.
October 1, 2020
Brandon L.
Brandon is a Texas Super Lawyer®, meaning he is among the top 2.5% of attorneys in his state. He has designed his practice to provide a unique ecosystem of legal support services to business and entrepreneurs, derived from his background as a federal district law clerk, published biochemist, and industry lecturer. Brandon is fluent in Spanish, an Eagle Scout, and actively involved with the youth in his community. He loves advocating for his clients and thinks he may never choose to retire.
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ContractsCounsel User
Law suit again my family members
Location: Massachusetts
Turnaround: Over a week
Service: Drafting
Doc Type: Affidavit of Domicile
Number of Bids: 2
Bid Range: $5 - $300
ContractsCounsel User
Selling water 1,000 sqft acre(tap water) and package high-end water. Hawaiian Rain Inc.
Location: California
Turnaround: Less than a week
Service: Drafting
Doc Type: Affidavit of Domicile
Number of Bids: 2
Bid Range: $750 - $10,000
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