Legal Question in Wills and Trusts in Mississippi
Death Ceritificate
Does the death certificate determine the state of residence?
2 Answers from Attorneys
Re: Death Ceritificate
No. The definition of residence changes depending on the statute using the term. The question indicates you are probably concerned with the law of probate. That law instead relies on the legal term "domicile" to determine which State's law control distribution of the estate and any death taxes. Domicile is determined by such evidence as where the decedent last paid State income tax, where he or she was last registered to vote, declarations of homestead, etc.
Re: Death Ceritificate
No. The state named in the death certificate only shows what the person who prepared the certificate understood to be the state of residence at the time of death. Other factors can be brought up if you feel the state was incorrectly reported.