In distributing an estate where all assets are in State A except a bank in State B, which state's law governs distribution?

In distributing an estate where all assets are in State A except a bank in State B, which state's law governs distribution?

• A. It depends on which state Alice was in at her death.
• B. All assets distributed under State A law.
• C. All assets distributed under State B law.
• D. Some assets distributed under each State A and State B laws.

Answer: (B)

The main idea is that probate law uses the decedent’s domicile at death to decide how personal property is distributed, while real property follows where it’s located (situs). In this case, the assets are personal property, including the bank account in State B. If the decedent was domiciled in State A when they died, State A’s law governs the distribution of all personal property, even those assets located in State B. Real estate would be treated differently if there were any, but with only personal property present, the laws of the domicile state apply to the entire estate. That’s why State A law controls the distribution. If the decedent’s domicile had been State B, then State B law would govern.

The main idea is that probate law uses the decedent’s domicile at death to decide how personal property is distributed, while real property follows where it’s located (situs). In this case, the assets are personal property, including the bank account in State B. If the decedent was domiciled in State A when they died, State A’s law governs the distribution of all personal property, even those assets located in State B. Real estate would be treated differently if there were any, but with only personal property present, the laws of the domicile state apply to the entire estate. That’s why State A law controls the distribution. If the decedent’s domicile had been State B, then State B law would govern.