If you die intestate in one state but are a legal resident of another state, which state’s laws determine distribution of the estate?
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If you die intestate in one state but are a legal resident of another state, which state’s laws determine distribution of the estate?
Asked on June 29, 2011 under Estate Planning, South Carolina
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
The laws of the state in which a person was "domiciled" will control which state's intestacy will apply. A person's domicile is the geographic location of their permanent legal home; the place which they intend to use as their dwelling for an indefinite period of time and to which, when absent, they intend to return. A determination of domicile is a matter of intention as indicated by actions. While a person may have more than one home or house, each person can have just one domicile. According to the IRS, some of the factors used to classify a place as a domicile, rather than a residence are:
Where you pay state income tax,
Where you vote,
Location of property you own,
Length of residence, and
Business and social ties to the community
Note: The above applies to the distribution of personal property. However, unlike personal property, real estate is controlled by the state of it geographic location. The individual laws of each state will be applied to the real estate that is located in within its borders.
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