Understanding the Affidavit of Domicile

Quick Answer: 

• What is an affidavit? A written statement of facts. A person signs it under oath or affirmation. An affidavit of domicile is one specific type. It confirms where a deceased person legally lived. Executors sign this affidavit before a notary public. This step lets them transfer stocks, bonds, and other securities to heirs. NotaryLive, a remote online notarization platform, lets you complete this notarization process online.

Key Takeaways

• An affidavit of domicile establishes a decedent's legal residence for probate and estate tax purposes.
• Financial institutions and stock transfer agents often require a notary affidavit before they release securities to heirs.
• NotaryLive, a remote online notarization platform, gives executors a fast way to sign an affidavit without an in-person notary visit.

An affidavit of domicile is a notarized statement that confirms where a deceased person legally lived at the time of death. Executors and administrators use it to prove which state's laws govern an estate, since domicile determines who has jurisdiction over probate and estate taxes.

This document comes up most often when someone needs to transfer stocks, bonds, or other securities that belonged to a person who died. Financial institutions will not release those assets without it. NotaryLive, a remote online notarization platform, lets an executor complete this notarization from home instead of scheduling an in-person appointment.

This post covers what an affidavit of domicile is, why it matters, how to fill one out, and where to get the form if you do not already have it.

When Is an Affidavit of Domicile Required?

Executors most often need this document during probate. Probate is the court process that confirms a will and directs how heirs receive assets. NotaryLive's guide to notarizing a will covers that process in more depth. This document also comes up whenever a deceased person owned stocks, bonds, or other securities.

Financial institutions and stock transfer agents will not release those assets to heirs without a notarized affidavit of domicile on file.

Some paperwork labels this an affidavit of domicile for stock transfer. Brokerages and transfer agents such as Computershare, Charles Schwab, and Merrill Lynch each issue their own version of the form.

All of them require the same core information about the decedent. Investor.gov's guide to transferring assets, the U.S. Securities and Exchange Commission's investor education site, explains how this works.

Transferring a deceased shareholder's securities typically requires sending the transfer agent a death certificate and an application for re-registration.

State law, not federal law, governs how the securities get re-registered.

Who Fills Out an Affidavit of Domicile?

The executor or administrator of the estate completes and signs the document. If the estate has no named executor, a court-appointed administrator signs the affidavit instead.

The form typically requires the following information:

• Full legal name of the decedent
• Date of death
• Last known address and state of residence
• A statement confirming the decedent was not domiciled elsewhere
• Signature of the executor or administrator, notarized

What Is an Affidavit of Domicile Used For?

The affidavit serves several purposes tied to settling an estate:

Get Your Document Notarized Online with NotaryLive 

When signing in person with a notary, can be time-consuming and inconvenient. 

However, platforms like NotaryLive have revolutionized this process by offering remote online notarization (RON). 

NotaryLive simplifies the process: 

• No Geographical Constraints
• Time Efficient
• 24/7/365 Availability
• Enhanced Security 

NotaryLive works in 4 simple steps:

To get started, you can click the button below.

Notarize Your Affidavit of Domicile Now!

About NotaryLive

NotaryLive is a leading provider of digital notarization and eSign solutions. They are dedicated to enhancing business efficiency through a secure, user-friendly platform. This platform prioritizes understanding and meeting customer needs. By offering innovative tools for electronic signatures and online notarization, NotaryLive empowers professionals to manage documents easily, anywhere, any time.

This post was written by the NotaryLive editorial team.

Frequently Asked Questions

• What is an affidavit?
  • An affidavit is a written statement of facts. A person signs it under oath or affirmation, usually in front of a notary public or other authorized official. Courts, banks, and government agencies rely on affidavits to give sworn statements legal validity.
• What is an affidavit of domicile?
  • An affidavit of domicile is a sworn statement. It confirms where a deceased person legally lived at the time of death. Executors use it during probate and to transfer securities to heirs.
• Does an affidavit of domicile have to be notarized?
  • Yes. Courts, brokerages, and transfer agents require the executor to sign the affidavit in front of a notary public. Courts and brokerages typically reject an affidavit that skips notarization.

Relevant Blogs 

• The Role Of Notarization In The Insurance Industry
• Understanding The Medical Powers Of Attorney
• What is Online Notarization?
• What are the benefits of notarizing online?
• What businesses could benefit the most from online notary services? 
• Why You Should Use NotaryLive Instead of Mobile Notary Services