Affidavit of Domicile Template
When someone dies owning stocks, bonds, or other securities, banks and brokerage firms won't transfer those assets without proof of where the person was legally domiciled. Our Affidavit of Domicile gives you the sworn, notarized document financial institutions require to process transfers and close accountsโwithout paying an attorney $300-500 to prepare it.
Last Updated: Jan. 25, 2025
What Is the Affidavit of Domicile?
An Affidavit of Domicile is a sworn legal statement that establishes where someone was domiciled at the time of death. Domicile determines which state's laws apply to the estate and which state can collect estate taxes. Transfer agents, brokerage firms, and banks require this document before releasing securities, stocks, bonds, or investment accounts from a deceased person's name.
This template walks you through documenting domicile with evidence financial institutions accept: voter registration, driver's license, tax returns, property ownership, and local ties. It includes specific sections for addressing vacation homes or out-of-state property that might complicate domicile questions. Complete the form, have it notarized, and submit it to any institution holding the deceased's assets.
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Is This Affidavit of Domicile Right for You?
You need this affidavit if you're:
- Executor transferring stocks from a deceased person's brokerage account
- Family member closing investment accounts after a parent's death
- Beneficiary claiming securities left to you in a will
- Spouse transferring jointly-held bonds or mutual funds
- Administrator settling an estate with publicly traded stocks
- Personal representative dealing with multiple financial institutions requiring domicile proof
You definitely need this affidavit if:
- The deceased owned vacation homes or property in multiple states
- A brokerage firm specifically requested an affidavit of domicile
- You're transferring securities worth more than $50,000
- The deceased moved between states in the final years of life
- Multiple heirs are claiming assets and domicile determines tax obligations
Still unsure?
If any financial institution holding the deceased's assets has asked for proof of domicile or refused to transfer securities without it, you need this template.
Why Thousands Trust Legal GPS Templates
Save Money
Attorneys charge $300-500 to prepare this two-page affidavit. Our template costs $35.
Save Time
Download immediately and complete in under 30 minutes. No waiting for attorney appointments.
Look Professional
Attorney-quality language that banks and brokerage firms accept without question.
Keeps You Out of Court
Comprehensive evidence documentation in Article III prevents challenges to domicile claims. The Statement of Truth article protects against perjury accusations while establishing credibility.
What's Inside This Template?
Decedent Identification
Complete legal identification including full name, aliases, date and place of death, Social Security Number, and birth information. This establishes who the affidavit concerns and provides the basic facts every institution requires.
Domicile Declaration
Precise statement of where the deceased was domiciled, including complete address and the length of time domicile was maintained. This section answers the fundamental question financial institutions are asking.
Domicile Establishment and Intent
Comprehensive documentation of evidence proving domicile including voter registration, driver's license, tax filing status, property ownership, bank accounts, employment, medical care, local memberships, and family residence. Choose from multiple evidence categories to build the strongest possible case.
Absence of Other Domicile
Clear statement that no other state or jurisdiction was the decedent's domicile, with optional provisions for explaining vacation homes or investment property in other states. This prevents conflicting domicile claims.
Affiant's Relationship and Knowledge
Establishes who is making the sworn statement, their relationship to the deceased, and the basis of their personal knowledge. This section proves the affiant has firsthand information, not hearsay.
Statement of Truth
Sworn declaration under penalty of perjury that all information is accurate, with acknowledgment of criminal penalties for false statements. This language satisfies legal requirements for sworn affidavits and establishes the document's credibility.
| Premium Template Single-use Template |
Legal GPS Pro Unlimited Access, Best Value |
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$35
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$39/ month
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| Buy Template | Explore Legal GPS Pro |
| Trusted by 1000+ businesses | |
Get Protected in 3 Simple Steps
Step 1: Secure Checkout
Complete your purchase through our encrypted payment system. Your template downloads immediately.
Step 2: Instant Download
Receive your Affidavit of Domicile template in both Word and PDF formats. Open in any word processor.
Step 3: Fill In the Highlighted Fields
Replace the bracketed guidance with your specific information. Have the completed affidavit notarized and submit it to the financial institution.
Frequently Asked Questions
Can I use this template multiple times?
Yes. You can use this affidavit template for multiple estates. Each time someone dies and you need to establish domicile for asset transfers, simply complete a new affidavit with that person's information.
Is this affidavit legally binding?
Yes. An affidavit is a sworn legal statement made under penalty of perjury. Once notarized, it's legally binding and accepted by financial institutions, transfer agents, and government agencies for establishing domicile.
What if the deceased owned homes in multiple states?
The template includes a specific section for addressing out-of-state property. You'll document which property was the primary residence and legal domicile, then explain how other properties were used (vacation home, investment property, rental). Include the approximate number of days spent at each location.
Do I need to attach supporting documents to the affidavit?
Most institutions accept the notarized affidavit alone. However, keeping copies of the deceased's driver's license, voter registration card, and tax returns can be helpful if an institution questions anything. Don't attach these documents unless specifically requested.
How many notarized copies should I get?
Get one original notarized affidavit for each institution you're dealing with. If the deceased had accounts at three different brokerage firms, have three separate affidavits notarized. Some institutions keep the original and won't accept photocopies.
What happens if I discover the domicile information was wrong after submitting?
Contact the institution immediately and provide a corrected affidavit. Mistakes can typically be fixed without major consequences, but intentionally false statements on an affidavit constitute perjury and carry criminal penalties. Always verify information before signing.
| Premium Template Single-use Template |
Legal GPS Pro Unlimited Access, Best Value |
|
|
|
$35
|
$39/ month
|
| Buy Template | Explore Legal GPS Pro |
| Trusted by 1000+ businesses | |