Legal Definitions - domiciliary administration

Definition:Domiciliaryadministration refers to the handling of an estate in the state where the deceased person was living at the time of their death. It involves the management and settlement of the estate of an intestate decedent or a testator who has no executor, by a person legally appointed and supervised by the court. The administration of an estate involves realizing the movable assets and paying out any debts and other claims against the estate. It also involves the division and distribution of what remains.

Examples: An example of domiciliary administration is when a person dies without a will, and the court appoints an administrator to manage and settle their estate in the state where they were living at the time of their death. Another example is when a person dies with a will, but the executor named in the will is unable or unwilling to serve, and the court appoints an administrator to manage and settle the estate in the state where the deceased person was domiciled.

Explanation: Domiciliary administration is necessary to ensure that the estate of a deceased person is properly managed and settled according to the laws of the state where they were living at the time of their death. The examples illustrate how the court appoints an administrator to manage and settle the estate when there is no executor or when the executor named in the will is unable or unwilling to serve. The administrator is responsible for realizing the assets, paying the debts, and distributing the remaining assets to the heirs or beneficiaries according to the laws of the state.