The mere fact that a decedent may have died in a certain location does not give the court jurisdiction to admit the decedent s will to probate. Domicile, in contrast, is not only where a person lives, but where that person intends to make a fixed and permanent home. An individual may have more than one residence but generally has only one domicile. Once an individual has acquired a domicile, that individual must abandon it before acquiring another. The individual must both have the intent to acquire the new domicile and also reside within that domicile.
Conduct carries a greater evidential value than of declarations.
Problems occur in determining domicile when an individual has more than one residence. Where a person has two residences, the law presumes that the earlier domicile remains as such until a clear intention to change is established. C.J.S., Domicile 39 at 62. Although Respondent testified at the hearing that Mable Braden made statements indicating she wanted to remain in Salt Lake, these statements were insufficient to overcome the evidence of her domicile in Colorado. Mable Braden lived in Colorado for nearly 40 years.