The estate therefore is the owner of real property within the jurisdiction of this Court. On this basis, the Motion to Dismiss is Denied. Although the Court has found that Mable Braden did own property in the City and County of Denver and that jurisdiction for this proceeding is proper, the Court will nevertheless address this alternative argument. As a general rule, the primary probate of a will should be made in the place of the testator s domicile. C.J.S. Wills 352 at 199-200.
Domicile requires residence as well as an intention to make such residence one s permanent home.
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.