When should I use an affidavit of domicile?

You should use an affidavit of domicile to establish a decedent’s primary place of residence for inheritance and the probate process.

Does an affidavit of domicile need to be notarized?

Notarization is the process of certifying the authenticity of your affidavit. The notary public, or other certifying official, attests to the authenticity of your signature by checking identification and then sealing or stamping the affidavit. Notarization is recommended to establish and support the authenticity of your affidavit. In addition, you will be required to have your affidavit notarized if it will be used in court.

What is 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. This 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

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What is an affidavit of domicile?

An affidavit of domicile is a sworn legal document that establishes where a deceased person was legally residing at the time of their death. This document is primarily used during the estate settlement process to help financial institutions (particularly brokerage firms and transfer agents) determine which state's laws govern the transfer of securities and other assets from the deceased's name. The affidavit typically includes the decedent's name, date of death, last permanent address, and a statement affirming that this address represented their true legal residence (domicile) rather than just a temporary residence. It must be signed under oath before a notary public by someone with direct knowledge of the decedent's living situation, usually the estate executor, administrator, or a close family member.

Need another type of affidavit? Choose one below:

Affidavit of Heirship An affidavit of heirship is a legal document filed in court by the beneficiaries of an estate to help transfer the deceased person's real estate or personal property.

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Affidavit of Marriage An affidavit of marriage is a sworn legal document in which one or more people testify under oath about the existence and validity of a marriage.

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When to use an affidavit of domicile

An affidavit of domicile may be required in several specific situations during estate settlement:

When transferring securities and financial assets: The primary use occurs when an estate needs to transfer stocks, bonds, mutual funds, or other securities held in a brokerage account from a deceased person's name to beneficiaries or the estate. Transfer agents and brokerage firms routinely require this document to verify the decedent's legal residence before processing any asset transfers.
For determining tax obligations: Financial institutions use the affidavit to determine which state's transfer taxes, inheritance taxes, or estate taxes apply to the asset transfer. Different states have varying tax rates and exemptions, so establishing the correct domicile is essential for proper tax calculation and compliance.
When the decedent owned property in multiple states: If the deceased maintained residences in more than one state (such as a primary home and a vacation property), then the affidavit helps establish which state was the true legal domicile. This distinction is crucial because only one state can be the legal domicile, even if someone owned property elsewhere.
During probate proceedings involving out-of-state assets: When settling an estate that includes securities or other assets registered in states other than where the probate case is filed, the affidavit helps coordinate the transfer process and ensures compliance with the domicile state's laws rather than where individual assets happen to be registered or held.

Create your affidavit of domicile in 3 easy steps

Collect Information

Gather all the relevant information to complete your document. This may include the name and address of the deceased party, a list of any assets being transferred by the affidavit, and the city and state where the assets are located.
Answer Key Questions

Use the information you collected to complete the affidavit of domicile. We make this easy by guiding you at each step of the way and helping you to customize your document to match your specific needs.
Review, Sign, and Notarize

It is always important to read your document thoroughly to ensure it matches your needs and is free of errors and omissions. You must sign the affidavit in front of a notary public. When using a notary, always be sure to wait to sign the document until he or she is present.

Why use an affidavit of domicile?

An affidavit of domicile serves the essential purpose of legally establishing where a deceased person was permanently residing at the time of death, which directly impacts how their estate is administered and taxed. Financial institutions—particularly brokerage firms, transfer agents, and banks—require this document to ensure they apply the correct state's laws and tax rates when transferring securities and other assets from the deceased's name to beneficiaries or the estate. Without this sworn statement, these institutions cannot confidently proceed with asset transfers because they need certainty about which jurisdiction's regulations govern the transaction. The affidavit protects both the financial institution and the estate by creating a clear legal record that prevents disputes about domicile and ensures compliance with state-specific transfer requirements, inheritance taxes, and probate laws.

Beyond satisfying institutional requirements, the affidavit of domicile provides critical legal clarity in situations where domicile might be ambiguous or contested. Since domicile determines which state can impose estate or inheritance taxes and which probate court has jurisdiction, establishing this formally prevents potential conflicts between multiple states claiming tax authority or between family members who might disagree about where the deceased truly resided. The document is particularly valuable when the deceased owned property in multiple states, spent significant time in different locations, or recently relocated before death. By requiring someone with direct knowledge to swear under oath to the decedent's permanent residence, the affidavit creates legally binding evidence that streamlines estate administration, reduces processing delays at financial institutions, and minimizes the risk of costly legal disputes over jurisdictional questions during an already difficult time for grieving families.

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Affidavit of domicile help guide

An affidavit of domicile is used by an executor, administrator, personal representative, or heir of an estate to name the legal domicile where a person resided prior to passing away. In the document, the person making the sworn statement is referred to as the "Affiant," and the deceased person is called the "Decedent." The affidavit is helpful for transferring the assets of the decedent, but it need not be used for this purpose exclusively. Its basic function is to state where the decedent resided prior to death.

To complete the affidavit, enter the current full legal name of the decedent and affiant as well as their respective addresses.

The most important piece of information you will include is the address where the decedent lived prior to death. Where the decedent "resided" can sometimes be a tricky question if that person traveled a lot or had recently moved prior to death. Enter the place that the decedent would consider to be his or her permanent home, which is usually wherever the decedent spent most of his or her time.

Another important piece of information you will need to include is the type and location of any assets of the decedent that are being transferred. Be specific when identifying the assets.

The final step is to sign the document in the presence of a notary public. After that, your affidavit of domicile is complete.

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Affidavit of Domicile