When a person dies there are many issues that can affect the settlement of his estate. Initially, it must be determined wither the decedent had executed a Last Will. If so, then a probate proceeding is to be filed in the Court. In the event the decedent died intestate (without a Last Will), then an Administration proceeding is filed.
Another primary issue that needs to be considered is whether the decedent was a domiciliary of New York. Domicile is defined in the Surrogate’s Court Procedure Act (SCPA) Section 103(15) as a person’s principal fixed and permanent home. Domicile is important because generally the New York Courts only have jurisdiction over the estates of a person domiciled in New York at the time of death. A person may have numerous residences but he can only have one domicile. The New York Probate Lawyer Blog has discussed this issue in earlier posts. Continue reading