Affidavit of Domicile

An affidavit of domicile serves to establish the residence of a person at the time of death.

This document is a legal requirement for the transfer of ownership of property/assets, to submit an insurance claim, release shares or stock options etc. when finalizing the estate of a deceased person.

In this sworn affidavit it is especially important to document all addresses in full, including County, State, Province etc.



domicile entrance



The affidavit can be executed and filed by the executor or administrator, heir, personal representative, survivor etc. Basically any person who is involved or has an interest to settle an estate and has the authority to do so and knowledge of the facts attested to, can make the affidavit.

Note: In our sample affidavit forms we also provide an affidavit of residence (with different wording) to prove residency for a school, opening an account etc. Please go to our Affidavits Page for additional guidelines and links to more specific forms.


Copyright Notice



Affidavit of Domicile

I, the undersigned __________________(full legal name) do hereby make oath and say that:-

1. I reside at:



and act as ______________ (e.g. executor / administrator / heir /survivor) of the Estate of ___________________(full legal name), Deceased.

2. The decedent died on the _____ day of _______________ 20__. I annex hereto, marked "A" a true copy of the Death Certificate.

3. At the time of death the decedent's only legal address was at:



where he/she lived for a period of _______ years immediately prior to death.

4. The decedent executed a Last Will and Testament on the ______ day of _____________ in the year _____, revoking all previously made wills and codicils and stating his/her address as:



5. The facts contained in this affidavit are true and correct.

___________________________________________
SIGNATURE and FULL LEGAL NAME OF DEPONENT

STATE ______________________

COUNTY ____________________

Sworn to and described before me on this _____ day of _______________ 20___.

_____________________
NOTARY PUBLIC

My commission expires: _____________________



***

definition of domicile

Additional Wording:

  • If all taxes due and outstanding debts and liens have been settled, you could add the following (numbered paragraph) to your Affidavit of Domicile:

    All taxes and debts and claims against the Estate of the deceased have been paid or provided for and there are no further encumbrances upon any assets of the Estate.
  • If the decedent left no Last Will and Testament you can replace paragraph 4 with this statement:

    4. The decedent died intestate.

More legal guidelines for executors, information on probate and a variety of free will forms can be accessed from our Last Will and Testament pages.





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