Where do you live? This is a very simple question that even a child in kindergarten could easily answer. However, as we grow older, we might experience not living in our own house—rented a space, for example, or living in an apartment. We might be living in another country far from the place where we were born and raised for we have to run some errands. And then when we were asked, “Where are you residing?” we might be thinking that the person asking might be referring to either our domicile or residence? What then is the difference or the differences between the two? Simply put, the key difference is on the intent to remain in the place. Residence is more temporary in nature and refers to the present physical location of a person’s home. On the other hand, a domicile is the place where a person has a fixed dwelling—where he registers to vote, obtains a driver’s licence, registers his car, and many others—with the intention of making the place his permanent home. A lot of legal documents would require the domicile of the person; among these is the affidavit of domicile.
The next section provides the examples and templates of affidavit of domicile.
This is a notarized document issued by a governing court verifying the resident of a deceased person at the time of death and is required to transfer ownership of property out of the deceased individual’s name. It is a written equivalent of testifying in court in which the affiant is placed under oath to tell the truth by his signature stating that all the facts in the affidavit are true and correct.
A domicile is a person’s permanent home, the place where he lives, registers to vote, obtains a driver’s licence, registers his car, among others. It is not the same as residency, for a person can have two residences in separate states, although a person with one home has the same domicile and residence.
An affidavit of domicile is needed when a legal proof of the deceased person’s residence is needed. This usually occurs when the executor needs to transfer certain assets that the person left behind. The assets are typically stocks or securities. Commonly, the broker who processed the stocks may require this affidavit to verify where the person lived, and once the affidavit is provided, the assets can now be transferred according to the will of the deceased or the court’s instructions.
The affidavit is mandatorily used in the transfer of securities in an estate. In the event when a person dies, the court will appoint a personal representative. If the decedent, the dead person, owned stocks, the personal representative must transfer them to an estate account, which requires an affidavit of domicile before it can transferred.
Another use of this document is in the determination of domicile for tuition purposes in a state-supported university. There are states, like in Florida, in which a student files a declaration of domicile with the clerk of court in the place where he or she is establishing his or her permanent domicile.
As stated above, an affidavit of domicile is important to determine the domicile of a certain person who died in order to transfer his or her assets to an estate account. Completing an affidavit of domicile requires only a few steps. They are as follows:
The usual content of an affidavit of domicile are the following:
The above are just the usual contents of an affidavit of domicile, but there are other items and information that may be included in the affidavit if it can be useful for the document.
After the affidavit of domicile form has been filled out, the affiant must sign and write the date in the presence of a notary public, who will also sign in acknowledgment at the bottom page of the document. Even if not all jurisdictions require a notary to sign the affidavit of domicile, it is highly recommended that a notary will be used in case there will be disputes as to the validity of the document; hence, it is better to have a notary public signing the document.
Because an affidavit of domicile is a serious, formal, and legal document, it should not be taken and executed lightly. It bears consequences, for example, in determining domicile for taxation purposes and for reduced educational expenses. The affiant, the one who swears to an affidavit, is under oath and sworn to tell the truth; hence, he or she should make the necessary determination of facts before execution so that he or she will commit no errors or mistakes with regard to the information that he or she will be presenting.
If ever you happen to be the affiant, if you are providing sworn testimony, you must be careful with your words for you can be charged with a crime for providing a false statement on an affidavit of domicile.
A resident and a domicile is different in a way that the scope of the domicile includes that of a residence. Furthermore, domicile is more permanent in nature than residence. This is where the person registers to vote, obtain a driver’s licence, registers his car, among others. The determination of a person’s domicile is important as this is usually required in many legal documents including the affidavit of domicile.
An affidavit of domicile is a legal, notarized document that is required in transferring ownership of property of a decedent to an estate account. It contains the name and address of the affiant, the words “being duly sworn,” the name and date of the decent, the facts necessary to prove domicile, the statement by the affiant that the deceased had no other domicile and that the deceased did not execute a will indicating a different domicile, and other important information necessary to have a complete information of the affidavit.
Because an affidavit is a legal document, it must be taken with caution as it can be used against you if you are providing a false statement on the affidavit.
Lastly, you may ask your attorney for a blank form of an affidavit of domicile or you can refer to the previous section for some affidavit of domicile examples and templates.