This review list is offered to educate you about the document and to aid you in preparing it. An Affidavit of Domicile is a useful document to have and make in order to recover assets and to file state and federal estate tax returns, when applicable. This document is especially critical if the Decedent resided in many states, particularly if one was a higher-taxed state for Estate tax purposes.
- In the presence of a notary public, sign the Affidavit of Domicile.
- Keep a copy of the Affidavit with your estate records.
- Deliver the original, together with any other required documents, to the company or broker managing the transfer of the property you are transferring and who requires a copy of this Affidavit. Additionally, a “Stock Power” and “Letters of Appointment” declaration or certificate may be included.
Affidavit of Domicile
1, __________________ (State Your Role), residing at ________________________, being first duly sworn, state as follows:
I am the _____________________ (Your Role) of the Estate of ___________________ (“Decedent”) who died on ____________ (“Date of Death”).
At the time of death, the Decedent’s domicile was _____________________________, and the Decedent had resided in the State of ___________________ and was not a resident of any other state of the United States at the time of death.
The Decedent did not claim any state of domicile other than the State of _____________
on any instrument or Will executed within the two years prior to death.Certificate(s) representing ___________________ were physically located in ________, at the time of the Decedent’s death.
__________________
Maker of AffidavitSubscribed and sworn to before me this __ day of ________, 20__.
_____________
Notary Public
My Commission Expires on: ______________Affidavit of Domicile
Review ListThis review list is provided to inform you about the document in question and assist you in its preparation. An Affidavit of Domicile is a good document to have and create for the purpose of collecting assets as well as for filing state and federal estate tax returns, should they be due. This document is especially important to have in place if Decedent lived in different states, especially if one was a higher taxed state for Estate tax purposes.
1. The Affidavit of Domicile should be signed in the presence of a notary public.2. Make a copy of the Affidavit to keep with your records pertaining to the estate.
3. Provide the original, along with other necessary documents to the corporation or broker who will be handling the transfer of what you are transferring that requires a copy of this Affidavit. Other necessary documents to include may be a “Stock Power” and “Letters of Appointment” statement or certificate.
Frequently Asked Questions
What is an Affidavit of Domicile?
An Affidavit of Domicile is a legal document used to confirm the domicile of a deceased person at the time of their death. It is typically sworn by the executor or administrator of the estate. The affidavit helps in the transfer of assets, such as securities, by providing proof of the decedent's residency.
Who should sign an Affidavit of Domicile?
The affidavit is signed by the person acting as the representative of the estate, such as the executor or administrator. The document includes a section for the affiant to state their role and residence. It must be sworn before a notary public.
Why is an Affidavit of Domicile needed?
An Affidavit of Domicile is needed to establish the decedent's domicile for the purpose of collecting or transferring assets. Financial institutions often require it to determine which state's laws apply to the estate. It helps ensure that the assets are distributed according to the correct jurisdiction's regulations.
What information is included in an Affidavit of Domicile?
The affidavit includes the affiant's name, role, and residence, as well as the decedent's name, date of death, and domicile at the time of death. It also states that the decedent resided in a specific state and was not a resident of any other state. Additionally, it may list certificates representing assets and their physical location at the time of death.
How is an Affidavit of Domicile completed?
The affiant fills in the blanks with the required information, such as names, dates, and locations. The affiant then signs the document in the presence of a notary public. The notary public acknowledges the signing by subscribing and swearing to the document.
Does an Affidavit of Domicile need to be notarized?
Yes, an Affidavit of Domicile must be notarized. The document includes a section for a notary public to sign and date, confirming that the affiant swore to the truth of the statements. The notary's commission expiration date is also recorded.
What is the purpose of the review list mentioned in the article?
The review list is provided to inform the user about the Affidavit of Domicile and assist in its preparation. It highlights that the affidavit is a good document to have for the purpose of collecting assets. The review list serves as a guide for understanding the document's role.
When should an Affidavit of Domicile be created?
An Affidavit of Domicile should be created after the death of the decedent when there is a need to transfer or collect assets. It is typically prepared during the estate administration process. The affidavit is often required by financial institutions before they release assets.
What does the Affidavit of Domicile state about the decedent's residency?
The affidavit states that at the time of death, the decedent's domicile was a specific location and that they resided in a particular state. It also affirms that the decedent was not a resident of any other state of the United States at the time of death. Furthermore, it confirms that the decedent did not claim any other state of domicile on any instrument or Will executed within the two years prior to death.
What assets are mentioned in the Affidavit of Domicile?
The affidavit includes a section to describe certificate(s) representing assets and their physical location at the time of the decedent's death. The specific type of assets is not detailed in the template but is left blank to be filled in as applicable. This information helps in identifying the assets for which the affidavit is being used.
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