Which term describes a person whose domicile is within the state of New York?

• A. A person whose domicile is outside New York.
• B. A person whose domicile is within New York.
• C. A person with no fixed domicile.
• D. A deceased person.

Answer: (B)

Domicile is the place a person regards as their true, fixed home and to which they intend to return, even if they’re physically elsewhere. So, a person whose domicile is within New York is described as a New York domiciliary—simply, a domiciliary of New York. This label matters in Surrogate’s Court because it signals which state has jurisdiction and which rules apply for probate and related matters. The other possibilities describe people not domiciled in New York, or lacking any fixed domicile, or a deceased person, none of which fit the definition of someone whose domicile is in the state.