Affidavit of Domicile

An Affidavit of Domicile is a sworn statement declaring the legal residence of a deceased person at the time of death, required primarily to transfer securities held in a brokerage or transfer agent account to the estate or heirs. Brokerage firms and transfer agents demand the affidavit before reregistering or releasing stocks, bonds, and mutual fund shares because the decedent's state of domicile determines which state's estate and inheritance tax rules apply. The executor, administrator, or surviving joint owner signs the affidavit under penalty of perjury before a notary public, stating the decedent's name, date of death, and the address that was their permanent home. Financial institutions typically require the affidavit alongside a certified death certificate and a stock power or transfer request. Because the document fixes the taxing jurisdiction, accuracy about the decedent's true permanent residence is essential, particularly for individuals who owned homes in more than one state.

An Affidavit of Domicile is signed by the person legally authorized to act for the decedent's estate or to claim the securities, which is usually the executor, the court-appointed administrator, or a surviving joint account holder. The signer must have personal knowledge of where the decedent permanently resided at the time of death, because the affidavit certifies the state of domicile that controls estate tax treatment. The signature must be made before a notary public, who verifies identity and administers the oath, and many transfer agents additionally require a Medallion Signature Guarantee from a bank or brokerage rather than ordinary notarization. The affiant swears under penalty of perjury that the stated domicile is true, so the executor should confirm the decedent's residence using documents such as the last tax return, driver's license, or voter registration before signing.

Domicile and residence are distinct concepts on an Affidavit of Domicile: domicile is the one fixed, permanent home to which a person intends to return, while residence can include any place a person lives, even temporarily. A decedent could maintain residences in several states yet have only a single legal domicile, and that domicile determines which state may impose estate or inheritance tax and govern the transfer of securities. The affiant must identify the true domicile, considering factors such as where the decedent was registered to vote, held a driver's license, filed state income tax returns, and maintained primary banking and family ties. Choosing the wrong state can trigger disputes with tax authorities or cause a transfer agent to reject the paperwork. For individuals with homes in multiple states, the executor should gather supporting evidence of intent before completing the affidavit.

An Affidavit of Domicile generally requires either notarization or, more often, a Medallion Signature Guarantee, depending on the transfer agent or brokerage handling the securities. Notarization confirms the affiant's identity and that the oath was administered, but most stock transfer agents specifically demand a Medallion Signature Guarantee, a special stamp provided by participating banks and brokerages that guarantees the signer's identity and authority and protects against fraudulent transfers. A Medallion Signature Guarantee is not the same as notarization and cannot be obtained from a notary public; the affiant must visit a financial institution that participates in the Medallion program. Because requirements vary by company, the executor should ask the specific transfer agent which form of authentication it accepts before signing, and should bring the certified death certificate and account details when seeking the guarantee.

An Affidavit of Domicile is typically submitted together with a certified copy of the death certificate, a stock power or transfer request form, and proof of the signer's authority to act for the estate, such as Letters Testamentary or Letters of Administration. The transfer agent uses the package to reregister securities into the names of the heirs or the estate and to apply the correct state tax treatment based on the certified domicile. Surviving joint owners may instead supply documentation showing the survivorship registration of the account. Many transfer agents also require a Medallion Signature Guarantee on the affidavit and the stock power rather than ordinary notarization. Because each institution maintains its own checklist, the executor should request the firm's specific transfer instructions in advance and order multiple certified death certificates, since each transfer agent usually keeps an original copy for its records.