Jurisdiction and Choice of Law

Question 1

NOTE: testator’s Will is admitted to probate and his entire estate is administered in his state of domicile, but “ancillary administration proceedings” will be required in the state where real property is located to clear title to that property (under the “situs rule”).

Whose law will apply?

Answer 1

Even though the court of domicile cannot adjudicate the ownership of the out-of-state real property, the domiciles rules will govern the will.

Ex- NY domiciliary dies having real estate in florida. His net probate estate contains the value of the florida real estate.