In re Estate of Quick

In In re Estate of Quick, 5th Dist. No. 08232004, 2004 Ohio 4434, the Fifth District Court of Appeals explained the differences between domicile and residence for purposes of issuing letters of administration under R.C. 2113.01. The court stated that domicile consists of two elements: residence in a place and an intention to remain at that place; whereas, "'residence simply requires bodily presence as an inhabitant in a given place.'" Id. at P23, quoting Black's Law Dictionary (6 Ed. 1990) 1309. Quick addressed whether the decedent in that case was a resident for R.C. 2113.01 purposes. The decedent in Quick lived with his ex-wife in Allen County, Ohio until February of 2002. In early February, 2002, the decedent advised his brother that he wanted to live with him during the final days of his illness in Licking County, Ohio. Thus, his brother began moving the decedent to Licking County. However, the decedent became ill on the trip, so his brother took him to a hospital in Columbus. Thereafter, the decedent was transported to a hospital in Licking County where he died and was buried. Id. at P2-4.