What Is Situs?
Situs is the legal location of property for purposes such as jurisdiction, taxation, and which state's law applies. The Latin word means "site" or "position." Establishing situs answers a practical question: which court has authority over the property, and whose laws govern it?
Why Situs Matters
- Real property — land and buildings have their situs where they physically sit, so Florida real estate is governed by Florida law and Florida courts, regardless of where the owner lives
- Tangible personal property — generally has its situs where it is physically located
- Intangible property — such as bank accounts or stock; situs is determined by legal rules, often tied to the owner's domicile
Situs in Estates and Taxation
Situs is especially important in estate administration and taxation. A Florida resident who owns real estate in another state may require an ancillary probate in that state because the property's situs is there. Likewise, situs can determine which state may impose property or transfer taxes on a particular asset.
Related Terms
- Domicile — Often controls the situs of intangible property
- Jurisdiction — What situs helps establish
- Probate — Where situs can require ancillary proceedings
Barnes Walker
Barnes Walker's attorneys handle Florida real estate, probate, and ancillary administration where the location of property drives the governing law. Request a legal inquiry for assistance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC