Legal Definitions - domiciliary administration

Domiciliary administration refers to the primary legal process of managing and distributing the assets of a deceased person's estate. This process is conducted in the jurisdiction (typically a state or country) where the deceased individual had their permanent home, or "domicile," at the time of their death. It is the main proceeding that governs the overall settlement of the estate, including identifying assets, paying debts and taxes, and distributing the remaining property to the rightful heirs or beneficiaries according to the deceased's will or the laws of intestacy.

Here are some examples to illustrate domiciliary administration:

• Example 1: Local Resident with Local Assets

  Mr. Arthur lived his entire life in Ohio, owned a house there, had bank accounts in Ohio banks, and passed away in Ohio. His will dictates how his assets should be distributed. The probate court in Ohio will oversee the domiciliary administration of Mr. Arthur's estate. This means the Ohio court will be responsible for validating his will, appointing an executor, ensuring all debts and taxes are paid, and supervising the distribution of his Ohio-based assets to his heirs.

  This example illustrates domiciliary administration because Ohio was Mr. Arthur's permanent home (domicile), and therefore, the primary legal process for settling his estate takes place in Ohio.

• Example 2: Domicile in One State, Property in Another

  Ms. Brenda was domiciled in Florida, where she lived most of the year and considered her permanent home. However, she also owned a small vacation condo in North Carolina. When Ms. Brenda passes away, the primary administration of her estate, including her Florida home, bank accounts, and investments, will be handled by the probate court in Florida. This is the domiciliary administration. To transfer ownership of the North Carolina condo, a separate, secondary process called "ancillary administration" might be required in North Carolina, but the overall authority and distribution plan for her entire estate would be governed by the Florida domiciliary administration.

  This example demonstrates domiciliary administration by showing that even when property exists in multiple locations, the primary legal authority for the estate's settlement resides in the jurisdiction of the deceased's domicile (Florida), with other jurisdictions potentially handling only specific assets through ancillary proceedings.

• Example 3: International Domicile

  Dr. Chen, a U.S. citizen, had permanently moved to and established his domicile in Switzerland, where he lived for twenty years and intended to remain indefinitely. He maintained bank accounts and investments in Switzerland, but also held a small investment portfolio with a brokerage firm in New York. Upon his death, the Swiss courts would oversee the domiciliary administration of Dr. Chen's estate, applying Swiss law to the distribution of his global assets. While a limited proceeding might be necessary in New York to access the specific U.S.-based investment portfolio, the main legal framework for settling his estate would be established by the Swiss domiciliary administration.

  This example highlights that domiciliary administration applies internationally, with the primary legal authority for the estate's settlement resting with the courts of the country where the deceased was domiciled, regardless of where some assets might be physically located.