What Is an Affidavit of Domicile?

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What Is an Affidavit of Domicile?

Under wills and estates law, an affidavit of domicile is a legal document that certifies the previous residence of a deceased person. This is a document that has been notified and certified as true by the person signing it. In most cases, it is the executor of estate that will be signing the document to confirm the deceased person’s residence.

The affidavit typically states important information such as where the deceased person lived, and for how long. This information can be important, as it can often determine which state laws are applicable in a given case.

When Is an Affidavit of Domicile Needed?

An affidavit of domicile is needed anytime there needs to be legal proof of the deceased person’s residence. In most cases, this occurs when the executor needs to transfer certain assets that the person left behind, especially stocks or securities. In many cases, the broker who processed the stocks may require an affidavit to verify where the person lived. Once the affidavit is provided, the assets can be transferred according to the will or the court’s instructions.

What If I Have a Legal Dispute over the Person’s Will?

Will disputes or will contests can often be resolved through an affidavit of domicile. For instance, there may be a dispute over which beneficiary is entitled to a transfer of property. In some cases, state laws can affect the outcome of property distributions. In such situations, the court and the parties can benefit by having clear information regarding the previous residence of the deceased party.

Should I Hire a Lawyer Concerning an Affidavit of Domicile?

Will disputes and will issues can often be difficult to resolve. You may need to hire a qualified estate lawyer if have any legal issues or if you need to secure an affidavit of domicile. Your attorney can inform you of how to fill out and certify an affidavit, and can also represent you during any court proceedings. Will contests can often be complex, but your attorney can help ensure that the laws in your area are being followed.

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Last Modified: 08-26-2014 04:33 PM PDT

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