A legal statement often used to transfer ownership of assets in case of an individual’s death is called an ‘Affidavit of Domicile’. Here, we describe the procedure that is used to create an affidavit and provide a sample that will help you draft one yourself.
An affidavit is a sworn statement by any person in the presence of a Notary Public (or some person authorized to administer oaths) and witnesses. It is true to fact and is investigated, confirmed, and recognized by the Notary Public. It can be produced as an evidence in a court of law. The origins of the term ‘affidavit’ can be traced to the Latin phrase – ‘he has declared upon oath‘. The term ‘domicile’, on the other hand, is merely connoted to be the ‘legal residence’ of a person, company, or corporation.
The person who declares, or claims the fact as a fact, is known as the affiant. Please note that the person making the affidavit is not always necessarily the affiant.
Purpose
The purpose of the affidavit of domicile is to confirm where a person was living prior to or at the time of death. A person who has interest in transferring the assets of a deceased person may need to file this document. These include the executor or administrator of the estate, an attorney, a relative, or a survivor. In some cases, the direct descendant might also take the initiative. Such an affidavit is required for the execution of a person’s will, making the appropriate death certificate, and also getting an autopsy done. The document also automatically establishes some facts related to the executor’s identity and domicile and also forms a basis for inheritance proceedings. In some cases, the legal system regards this document to be a security measure and the Notary Public can investigate to establish the facts of the case.
Sample Affidavit
Making such a document is quite simple and all you need to do is fill out a form that is available with any Notary Public. There are several facts such as cause and time of death; and relation with the deceased which need to be established in this document.
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Affidavit of Domicile
State: Your name, of your address, being duly sworn and under oath, says that he/she is the executor/administrator of estate and legacy of name of deceased, of address of the deceased, by virtue of being the attorney, lawyer, relative, or any other relation as appropriate. The deceased passed away on date at time, at address and was declared dead by name of the doctor on date at time, at address of the location, such as a hospital or the residence itself. The truth and aforementioned details have been confirmed by name of Notary Public and relatives/kin/friends of the deceased. The last will, testament and the inheritance of legacy of the deceased shall be executed by name of the person. All the aforementioned is the truth and nothing but the truth. Sworn to me on the day of month of year. Signatures and Seals: |
There are a considerable number of variants and the wording also changes as per the situation. The Notary Public, attorney, or a lawyer can formulate the entire document, or you can use a template for the same.
