In wills that dispose of real property, which law governs?

• A. The law of the jurisdiction where the real property is located
• B. The law of the decedent's domicile at death
• C. The law of the jurisdiction where the personal property is located
• D. The law of the state where the asset is located

Answer: (A)

Real property dispositions in a will follow the law of the place where the land sits—the situs. Land is immovable, and each jurisdiction has its own rules for how real estate can be devised, including required formalities, title transfer procedures, and the interpretation of testamentary provisions. Because of this, the transfer of real property is governed by the local real-property laws of the property’s location, not by where the decedent lived or by the law governing personal property. In contrast, personal property tends to be governed by the decedent’s domicile at death, which explains why real and personal property are treated under different conflict-of-laws rules.