Affidavit of Domicile: Meaning, Purpose, and Sample Form
An Affidavit of Domicile is a sworn legal document used to declare the permanent residence or legal domicile of a deceased person at the time of death. This affidavit is often required in estate settlement proceedings, especially when the deceased owned stocks, bank accounts, bonds, investments, or other transferable assets. It helps financial institutions and government agencies identify the correct jurisdiction for estate taxes and legal distribution of assets.
The affidavit is typically executed by an heir, executor, administrator, or any individual with personal knowledge of the decedent’s residence. It must be notarized for it to be considered valid and acceptable for legal and administrative purposes.
What Is the Purpose of an Affidavit of Domicile?
This affidavit serves as an official declaration of the deceased’s last lawful address, which is important for:
- Establishing tax obligations of the estate.
- Complying with requirements of banks, brokerage firms, and other financial institutions.
- Supporting estate settlement processes.
- Identifying the correct court or jurisdiction for legal matters.
- Confirming the deceased’s residence when official records are incomplete or unclear.
Because domicile affects inheritance rules, probate requirements, and taxation, institutions often request this affidavit before releasing funds or transferring ownership of assets.
Key Information Included in an Affidavit of Domicile
A properly prepared Affidavit of Domicile should include the following:
- Full legal name of the deceased.
- Date and place of death.
- Last known permanent address.
- Affiant’s information (name, age, residence, and relationship to the deceased).
- Statement confirming personal knowledge of the decedent’s domicile.
- Purpose of the affidavit (e.g., estate settlement, asset release).
- Affiant’s signature and notarization block.
Ensure all details are accurate and truthful, as false statements in a notarized affidavit may carry legal penalties.
When Do You Need an Affidavit of Domicile?
This affidavit is commonly required during:
- Transfer of stocks, bonds, and investment accounts.
- Claiming bank deposits or financial assets of the deceased.
- Filing estate tax returns.
- Processing inheritance or property distribution.
- Probate or extrajudicial settlement proceedings.
Institutions may ask for supporting documents such as a death certificate, IDs, or proof of residence to validate the affidavit.
Sample Affidavit of Domicile (Editable Template)
Below is a clean and professional template that you can edit, print, and submit. Replace all bracketed fields with the correct details.
REPUBLIC OF THE PHILIPPINES
[CITY / MUNICIPALITY]
[PROVINCE]
AFFIDAVIT OF DOMICILE
I, [FULL NAME OF AFFIANT], of legal age, [citizenship], [civil status], and residing at [complete address], after being duly sworn in accordance with law, hereby depose and state:
1. That I am executing this Affidavit to declare the domicile of the late [FULL NAME OF DECEASED] (hereinafter referred to as the “Decedent”).
2. That the Decedent passed away on [date of death] in [place of death].
3. That at the time of his/her death, the Decedent’s legal residence or domicile was at [full permanent address], which was his/her fixed, habitual, and intended place of residence.
4. That I have personal knowledge of the Decedent’s residence by reason of my [relationship or capacity: e.g., being his/her son/daughter/spouse/executor/neighbor].
5. That this Affidavit is being executed for the purpose of [state purpose: e.g., estate settlement, transfer of stocks, release of bank assets, compliance with legal requirements], and for any other legal purpose it may serve.
IN WITNESS WHEREOF, I have hereunto signed this Affidavit on this [day] day of [month, year] at [place of execution].
_________________________________
[FULL NAME OF AFFIANT]
Affiant
SUBSCRIBED AND SWORN to before me this [day] day of [month, year] at [place], affiant exhibiting a valid government-issued identification:
ID Type and No.: [ID type and ID number]
Date & Place of Issuance: [details]
_________________________________
NOTARY PUBLIC
Doc. No. _____;
Page No. _____;
Book No. _____;
Series of _____.
Disclaimer: This template is for educational and general guidance purposes only. Requirements may vary depending on your locality or the receiving institution. Always consult a licensed attorney for legal advice specific to your situation.