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Legal Definitions - domiciliary administrator
Definition of domiciliary administrator
A domiciliary administrator is an individual or entity legally appointed by a court to manage the estate of a deceased person in the jurisdiction where the deceased had their permanent legal home, known as their "domicile." This administrator is responsible for collecting assets, paying debts, and distributing the remaining property according to the deceased's will or the laws of intestacy in that primary jurisdiction. Their authority is generally limited to the assets located within the domiciliary jurisdiction.
Here are some examples illustrating the role of a domiciliary administrator:
- Example 1: Local Resident with Local Assets
- Scenario: Eleanor lived her entire adult life in Oregon, owned a house there, had all her bank accounts in Oregon banks, and passed away peacefully in her Oregon home.
- Explanation: An Oregon court would appoint a domiciliary administrator to manage Eleanor's estate. This administrator would be responsible for handling the sale of her house, closing her bank accounts, paying any Oregon-based debts, and distributing her assets according to Oregon law, because Oregon was her permanent legal home (domicile).
- Example 2: Temporary Residence Abroad
- Scenario: David, a U.S. citizen, maintained his primary residence, voter registration, and most of his financial assets in New York. He spent the last three years of his life working on a temporary assignment in Singapore and passed away there.
- Explanation: Despite his death occurring in Singapore, David's legal domicile remained New York. Therefore, a New York court would appoint a domiciliary administrator to oversee the primary administration of his estate, including his New York bank accounts, investments, and any property located within New York. Any assets he might have acquired in Singapore would likely require a separate, "ancillary" administration in Singapore, but the main estate would be handled by the domiciliary administrator in New York.
- Example 3: Multi-State Property Owner
- Scenario: Sophia lived primarily in Arizona, where she owned her main home, had her driver's license, and was registered to vote. She also owned a small cabin in Montana that she used for summer vacations. When Sophia passed away, her will specified how all her assets should be distributed.
- Explanation: An Arizona court would appoint a domiciliary administrator to manage Sophia's estate. This administrator would be responsible for her Arizona home, bank accounts, and other assets located in Arizona. While the Arizona domiciliary administrator would oversee the overall estate plan, the Montana cabin would likely require a separate, "ancillary" administration in Montana, but under the guidance and ultimate authority of the Arizona domiciliary administration.
Simple Definition
A domiciliary administrator is an individual appointed by a court to manage the estate of a deceased person in the jurisdiction where the deceased had their permanent home (domicile). This administrator is primarily responsible for gathering assets, paying debts, and distributing the remaining estate according to the law of that main jurisdiction.