Section 11.7 Determining Domicile

• Library: Estate Administration 2014 Supp

7. (§11.7) Determining Domicile

The decedent’s domicile is relevant to determine where the decedent’s estate can or must be administered. Section 473.010, RSMo 2000, provides that administration shall occur in the county in which the decedent was domiciled if the decedent was a Missouri domiciliary. If the decedent was not a Missouri domiciliary and unless the major part of the decedent’s estate consists of real estate, administration can be conducted in any county in which the decedent left any property. For nonresident decedents, if the major part of their Missouri estate consists of real estate, administration must occur in the county in which the majority of the real estate is located. If the decedent is not a Missouri domiciliary and has no property in Missouri, administration can be granted in any county in which it is required to protect or secure any legal right.

Section 473.010 does not define domicile. Determination of a decedent’s domicile is a question of fact determined primarily on the decedent’s intent. The decedent’s intent is determined from the decedent’s acts and utterances during the decedent’s lifetime. In re Estate of Toler, 325 S.W.2d 755 (Mo. 1959). A person’s...