Facts about the Affidavit of Domicile template

What is an Affidavit of Domicile?

An affidavit of domicile is a sworn testimony provided by the executor of the estate. It establishes the primary residence of a deceased person at the time of his or her death. As with all types of sworn testimony, the executor must declare that the information provided is correct to the best of his or her knowledge. Should the court determine the executor deliberately chose an incorrect domicile, he or she may face criminal charges.
When tackling matters that require an affidavit of domicile, an individual may need to liaise with several other entities. For instance, the executor may need to work with the financial broker who manages security accounts owned by the deceased. If a probate court requested the document, the executor may need to develop a relationship with the assigned clerk. These professionals and others may also assist the executor in determining the true domicile of the deceased person.
If the individual lived in one area for a lifetime, this may be easy. Things become more complicated when the deceased person traveled full time, maintained several homes, moved frequently or did not have an established address at the time of passing. In most cases, an individual’s domicile is the area he or she owned property, physically resided, operated a business, paid taxes, held a driver’s license or voted.

What Is an Affidavit of Domicile Used For?

The executor of an estate may need an affidavit of domicile to legally establish the deceased person’s primary residence. This document is usually requested by financial brokers or other related professionals. The domicile of a deceased person determines how to transfer securities and stocks to his or her beneficiaries or heirs. This is because the transfer process must follow local inheritance laws and comply with estate tax requirements, wherever applicable. It is also important to note that the executor may need an individual affidavit for each security account. For this purpose, security accounts may refer to the various companies the deceased person owned shares in, not the individual shares owned.

Why should you use an Affidavit of Domicile?

Necessity is the most important reason an executor should use an affidavit of domicile. It may not be possible to settle an estate without this document if the person’s primary residence is in question. Probate courts need to determine which local court has primary jurisdiction over the case before proceeding.
An affidavit of domicile is also necessary when an estate includes stocks and securities. In fact, you need an affidavit of domicile for settling an estate with securities and stocks, even if the person lived in one location for all of his or her life. It is simply part of the established process. Without an affidavit of domicile, the executor may face liabilities related to failure to properly administer the estate. Federal and local governments may press issues related to unpaid taxes. Heirs and beneficiaries may also sue for the delayed distribution of assets.

How to write an Affidavit of Domicile?

States and local jurisdictions may have their own requirements when it comes to writing an affidavit of domicile. Before attempting to create one on your own, verify your local requirements and create a checklist to ensure you have all the information you need. You also need to do some research to ensure you choose correctly for the domicile. If you struggle to find the regulations for your state or municipality, consider speaking with a probate lawyer or estate administration lawyer. These professionals can provide accurate information and advise you on how to move forward. Unfortunately, their advice may cost you several hundred or several thousand dollars.
A much more cost-effective and less labor-intensive option is to download a form from a trusted website that meets your state’s guidelines. However, note that if the beneficiary is a minor or is considered mentally incompetent, the process for writing an affidavit of domicile may become more complicated. Regardless of the method you use to source your form, most states require the following information:

  • The full name of the deceased person
  • The primary address of the deceased person
  • The length of time the deceased person resided at this address
  • The date the person passed away
  • The probate court that has jurisdiction over the case
  • Instructions for cashing out the securities or transferring them to the beneficiaries

How to Fill Out an Affidavit of Domicile With PDFSimpli in Five Steps

The good news is that filling out an affidavit of domicile is fairly simple. Even so, one wrong mistake can cost you. Use the following steps to ensure accurate completion.

  • 1: Preparation

    As an executor, you may feel a lot of pressure to complete the process as soon as possible. Beneficiaries may call often for updates or pressure you to start administering assets. Even so, take some time to gather all the information you need, especially if a beneficiary is a minor or mentally incompetent. Remember to keep a list of all the security accounts and beneficiaries you need to complete paperwork for.

  • 2: Choosing a Software

    Filling out paperwork by hand can be wasteful, especially if you make a mistake. Instead, consider using editing software to add, review and edit the information you enter. Unfortunately, good PDF editors can be pricey and cheap PDF editors can be inefficient or have restrictions on saving edits. PDFSimpli software provides these and other features for free during our trial period.

  • 3: Fill Out or Edit the Affidavit of Domicile:

    Now that you have the right tools on hand, you can begin filling out your paperwork. When you use PDFSimpli, we help you move faster through the editing process by making it easy for you to identify the slots you need to edit. You can also make manual edits to parts of the document that don’t line up with your specific situation./p>

  • 4: Review

    As an executor, you become personally liable for any mistakes you make during the administration process. With this in mind, take all the time you need to review each document and ensure you entered all the information correctly.

  • 5: Save, Print or Send

    The entity requesting the affidavit of domicile will tell you how they prefer to receive the document. Always verify the process for submitting the document before sending anything off. Remember to keep a copy of each document for your own records.

Affidavit of Death Frequently Asked Questions

The investment firm, broker or probate court requesting an affidavit of domicile may request some supporting documents. See below for a list of potential items they may ask for:

• Death certificate

• Stock power letter

• Affidavit of heirship

• Letters of appointment

The entity requesting the document will inform you of whether it needs to be notarized and how to complete this process. In some cases, the entity provides notary services on-site, recommends notary services or may even allow you to use online notary services. If you need to notarize the document, you may need to sign the document in the physical or virtual presence of a notary, so leave the signature spaces blank.

Some courts or brokers do provide affidavit of domicile forms for you to use. Unfortunately, the language tends to be more formal, which many people find confusing. Ask the requesting party if using the form it provides is mandatory or if you can use a simpler one. If the party insists that you must use the form provided, you may have no choice but to do so.