Affidavit of Domicile
Affidavit of Domicile Generator
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Signature Requirements
Electronic Signature with Notarization
The affiant must sign this affidavit under oath before a notary public. Notarization is mandatory because financial institutions, transfer agents, and brokerage firms require notarized affidavits of domicile to determine state tax jurisdiction and process asset transfers from deceased account holders.
Sample Affidavit of Domicile Generated by Legal Tank
Affidavit of Domicile
Affiant Declaration
I, [____________] ("Affiant"), being duly sworn, state under penalty of perjury that the following is true and correct. I am the [executor / administrator / surviving spouse / heir] of the estate of [____________] ("Decedent").
Decedent Information
Decedent: [____________]. Date of Death: [____________]. Social Security Number: [____________].
Domicile Address
At the time of death, the Decedent's domicile and permanent legal residence was: [____________] (street, city, county, state, zip code). The Decedent was domiciled in the State of [_____________] and was not domiciled in any other state or jurisdiction.
Duration of Residency
The Decedent resided at the above address from [____________] until the date of death, a period of approximately [______] years. Prior to that, the Decedent resided at [____________].
View all 9 sections
Tax Filings
The Decedent filed federal and state income tax returns as a resident of the State of [_____________]. The Decedent's most recent tax returns were filed in [____________].
Voter Registration and Other Indicia
The Decedent was registered to vote in [____________] County, State of [_____________]. The Decedent held a driver's license issued by the State of [_____________]. The Decedent's automobile(s) were registered in the State of [_____________]. The Decedent maintained bank accounts and other financial relationships in [_____________].
Purpose
This Affidavit is made for the purpose of establishing the Decedent's domicile for the transfer of securities, real property, and other assets; for tax purposes; and for any other lawful purpose.
Penalties of Perjury
I declare under penalty of perjury under the laws of the State of [_____________] that the foregoing is true and correct to the best of my knowledge.
Execution and Notarization
Subscribed and sworn to before me on [____________]. [Notary block.]
What Is a Affidavit of Domicile?
An affidavit of domicile is a sworn legal document that establishes the legal state of domicile of a deceased person at the time of their death. Unlike a physical address, domicile is the legal concept of a person's permanent home - the state where they intended to remain indefinitely and to which they always intended to return. Financial institutions, transfer agents like Computershare, and the DTCC (Depository Trust and Clearing Corporation) require this affidavit before releasing securities, stocks, bonds, or other financial assets belonging to a deceased account holder.
The primary purpose of an affidavit of domicile is to determine which state has jurisdiction to impose estate tax and inheritance tax on the decedent's intangible personal property. Because a person can have multiple residences but only one legal domicile, and because different states impose vastly different estate and inheritance taxes, establishing the correct domicile protects both the estate and the taxing states. States like New York use specific forms such as New York Form TT-141A for estate tax domicile determinations.
The affidavit is typically prepared and signed by the executor or personal representative of the estate, who has been granted authority through letters testamentary issued by the probate court. The executor must attest to facts that establish the decedent's domicile, including where they voted, filed tax returns, held a driver's license, maintained their primary residence, and conducted their daily affairs. Transfer agents and brokerage firms require this affidavit as part of their compliance procedures under the Uniform Probate Code and state securities regulations.
An affidavit of domicile differs from a simple proof of residency affidavit in that it specifically addresses the legal concept of domicile rather than physical residence. A person may reside in Florida during winter months and Connecticut during summer months, but their legal domicile is determined by which state they consider their permanent home based on factors like voter registration, vehicle registration, bank accounts, church membership, and expressed intent.
| Domicile Factor | Why It Matters | Documentation |
|---|---|---|
| Voter Registration | Strong evidence of intent to remain in a state | Voter registration card or records |
| Tax Return Filing | State where taxes filed shows declared domicile | Prior year state income tax returns |
| Driver's License | State-issued ID indicates primary residence | Copy of license |
| Vehicle Registration | Registered vehicles show state connections | Registration documents |
| Primary Residence | Where decedent spent most time and maintained household | Utility bills, property records |
Why You Need a Affidavit of Domicile
Transfer stocks, bonds, and securities held by a deceased person through transfer agents like Computershare and the DTCC, which require domicile verification before releasing assets. Start with our free affidavit of domicile template to prepare the required documentation.
Determine which state has jurisdiction to impose estate tax and inheritance tax on the decedent's intangible personal property.
Close bank accounts, brokerage accounts, and other financial accounts held by the decedent, as institutions require legal documentation of the estate's authority and the decedent's domicile. Get a quote for your affidavit of domicile to ensure the document satisfies transfer agent requirements.
Prevent multiple states from claiming the right to tax the same estate by establishing a single, definitive state of domicile.
Comply with Uniform Probate Code requirements and state securities regulations governing the transfer of deceased persons' financial assets. You may also need an affidavit of heirship if the decedent died without a will and heirs must be formally identified.
Support estate tax filings on state-specific forms like New York Form TT-141A that require domicile documentation.
Related Affidavits Documents
Affidavit of Domicile is often used alongside other affidavits documents. Depending on your situation, you may also need:
Key Sections in a Affidavit of Domicile
Decedent Identification and Death Details
The affidavit must identify the decedent by full legal name, date of birth, date of death, Social Security number, and all addresses maintained at the time of death. The cause and location of death should be noted, along with the county and state where the death occurred, which may differ from the state of domicile.
Domicile Establishment Factors
The affidavit must present specific facts establishing domicile, including where the decedent voted, filed federal and state income tax returns, held a driver's license or state ID, maintained their primary bank accounts, received mail, belonged to religious organizations or clubs, and expressed their intent to remain permanently. The more factors that point to a single state, the stronger the domicile determination.
Executor Authority Documentation
The executor or personal representative must establish their authority to sign the affidavit by referencing the letters testamentary or letters of administration issued by the probate court. A certified copy of these letters is typically required to accompany the affidavit when submitted to financial institutions and transfer agents.
Securities and Financial Account Details
When the affidavit is being used for securities transfer, it must identify the specific accounts, account numbers, and institutions holding the decedent's assets. Computershare, DTCC, and other transfer agents have specific requirements for how account information must be presented and what additional documentation is needed.
Tax Jurisdiction Declaration
The affidavit must clearly state which state the executor declares as the decedent's legal domicile for estate tax and inheritance tax purposes. This declaration affects which state can collect taxes on the decedent's intangible personal property, including stocks, bonds, bank accounts, and other financial assets.
Notarization and Submission
The affidavit must be signed under oath before a notary public and submitted to the requesting institution along with supporting documents, which typically include a certified death certificate, certified letters testamentary, and the specific transfer forms required by each financial institution or transfer agent.
Affidavit of Domicile Legal Requirements
The affidavit must be signed by the court-appointed executor or personal representative who holds valid letters testamentary or letters of administration from the probate court.
The affiant must sign under oath before a notary public, and false statements regarding domicile constitute perjury under state and federal law.
Domicile is determined by objective factors including voter registration, tax return filings, driver's license state, vehicle registration, and the decedent's expressed intent to remain permanently.
Transfer agents like Computershare and DTCC may require their own proprietary affidavit forms in addition to or instead of a generic affidavit of domicile.
States with estate tax or inheritance tax may require separate domicile determination filings, such as New York Form TT-141A.
Under the Uniform Probate Code, the domicile state has primary jurisdiction over the probate of the decedent's personal property, including securities and financial accounts.
Common Affidavit of Domicile Mistakes to Avoid
Confusing domicile with residence and listing a vacation home or secondary address as the legal domicile when the decedent's intent and primary connections were elsewhere.
Failing to include all relevant domicile factors (voter registration, tax filings, driver's license, vehicle registration) that financial institutions and taxing authorities use to verify the domicile claim.
Submitting the affidavit without the required supporting documents such as letters testamentary, certified death certificate, or institution-specific transfer forms.
Using a generic affidavit form when the financial institution or transfer agent requires their own specific form, such as Computershare's proprietary affidavit of domicile.
Not filing the required state-specific estate tax forms, such as New York Form TT-141A, in addition to the affidavit of domicile.
Having someone other than the court-appointed executor or personal representative sign the affidavit, which transfer agents will reject.
Frequently Asked Questions About Affidavit of Domiciles
What is an affidavit of domicile?
Who needs an affidavit of domicile?
Who fills out an affidavit of domicile?
Does an affidavit of domicile need to be notarized?
Why do financial institutions require an affidavit of domicile?
What is the difference between domicile and residence?
When is an affidavit of domicile required for stock transfers?
How do you determine domicile for estate tax purposes?
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