Domiciliary administration refers to the management of a deceased person’s assets, such as money, property, and belongings, in the state where they resided. This responsibility is assigned by a court to ensure that any outstanding debts are settled and that the remaining assets are distributed to the appropriate individuals. Essentially, it involves tidying up after someone’s passing and ensuring that all matters are handled appropriately.
The term domiciliary administration pertains to the management of an estate in the state where the deceased individual resided at the time of their passing. This involves the handling and resolution of the estate of a testator who has no executor or an intestate decedent, by a legally appointed individual who is supervised by the court. The process of estate administration includes the liquidation of movable assets, payment of debts and other claims against the estate, and the division and distribution of the remaining assets. For instance, domiciliary administration may occur when a person dies without a will, and the court appoints an administrator to manage and settle their estate in the state where they resided 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. The purpose of domiciliary administration is to ensure that the estate of the deceased individual is properly managed and settled in accordance with the laws of the state where they resided at the time of their death. The examples demonstrate 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 in compliance with the laws of the state.
Domiciliary administration is the legal process of managing the estate of a deceased person who was a resident of a particular jurisdiction at the time of their death.
The court typically appoints a domiciliary administrator, who is often a close family member or a trusted individual, to manage the estate of the deceased person.
The responsibilities of a domiciliary administrator include identifying and gathering the deceased person’s assets, paying off debts and taxes, and distributing the remaining assets to the heirs or beneficiaries.
A domiciliary administrator is usually appointed by the court through a formal legal process, which may involve submitting a petition and providing evidence of the need for administration.
If the deceased person did not leave a will, the court will appoint a domiciliary administrator to manage the estate and distribute the assets according to the laws of intestacy in the jurisdiction.
In certain circumstances, such as misconduct or incompetence, a domiciliary administrator can be removed by the court and replaced with a new administrator.
Domiciliary administration involves managing the estate of a deceased person who was a resident of the jurisdiction, while ancillary administration involves managing property located in the jurisdiction but owned by a non-resident decedent.
The duration of domiciliary administration can vary depending on the complexity of the estate, the presence of any disputes, and the efficiency of the administrator in fulfilling their responsibilities.
A domiciliary administrator can be held personally liable for mismanagement or improper handling of the estate, so it is important for them to fulfill their duties with care and diligence.
In some jurisdictions, a domiciliary administrator may be entitled to receive reasonable compensation for their services, which is typically approved by the court.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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