An affidavit is a sworn statement of facts, which usually must be notarised and witnessed. In the case of an affidavit of domicile, the facts relate to the resident of person making the statement, called the affiant. An affidavit of domicle could be required in a variety of situations, but the most common is for establishing the last residency of a deceased person. Here, the executor or personal representative of the estate, as appointed by a probate court, would be empowered to make sworn statements as to the decedent's residence.
Identify county and state. Sworn statements must show the county and state in which they are made, as this establishes the jurisdiction of a court to enforce the document. In most affidavits, the jurisdiction is set off to the left with a blank line on which the names of the county and state can be written or typed.
Identify the affiant. While it is not necessary for the affiant to prepare the document himself, it takes the form of statements made in the first person. Therefore, very early in the document it is necessary to establish the name and, in most cases, address of the affiant. Again, these are usually blank lines on which the name and address can be written or typed. If not preparing the documents, the affiant should confirm the information given is correct. See resources below for examples of affidavit language.
Make the averments. The technical name for a statement of fact given under oath is an "averment." In the case of an affidavit of domicile, the affiant will aver that he is the executor of the decedent, and the final address of decedent while she was still living. It will probably be necessary to give the date and time of the decedent's death (according to the death certificate) to further establish proof of residency.
Execute the document. When all the necessary information is included, the document must be signed by the affiant and the witnesses. The notary will also have to fill out what's called an attestation or jurat, which confirms the date and place at which the document was duly completed.
Do not let the affiant sign the document until the notary and witnesses are present. Unless the affiant is personally known to the notary, he should produce some form of photo identification to establish his identity.
Tips and warnings
- Do not let the affiant sign the document until the notary and witnesses are present. Unless the affiant is personally known to the notary, he should produce some form of photo identification to establish his identity.