Written by attorneys · grounded in primary & secondary sources — see below
A location constituting a person's dwelling or usual residence.
Sources & Authorities
How it applies
Common Examples
6
Will Execution in Multiple Jurisdictions
Pamela Phillips, a dual citizen, signed a handwritten will while on a coding retreat in Toronto. She maintained a rented apartment containing her personal effects in Berlin at the time of signing. Because Berlin constituted her place of abode, the will satisfies the choice-of-law rule even though it lacks witnesses required by State A.
Failure to Register at Residence
Paige Porter, a convicted felon, stayed more than five days at her sister's house without registering with the local police. The sister's house was Paige's place of abode during that period, triggering the registration duty under the ordinance.
Select any source to read its text and confirm it supports the definition.
Statutes
Federal Rules
Uniform Acts
Restatements
Dictionaries
Lambert v. People of State of California355 U.S. 225, 78 S.Ct. 240, 2 L.Ed.2d 228 (1957)
Service on Executor at Home
Patrick Phan, executor of an estate, received the summons and complaint when a process server left copies with his wife at their shared residence. The residence was Patrick's place of abode, satisfying the federal rule for service on an individual.
Hanna v. Plumer380 U.S. 460 (1965)
Firearm Restriction Notice
Portia Price kept handguns at the apartment where she had lived for two years. That apartment was her place of abode, so any notice requirement tied to possession at that location was triggered.
District of Columbia v. Heller554 U.S. 570 (2008)
Incorporation Challenge Service
Priya Prasad, a Chicago resident, was served with process at the single-family home she owned and occupied. The home was her place of abode, providing a constitutional basis for the state's exercise of jurisdiction.
McDonald v. City of Chicago, Illinois561 U.S. 742 (2010)
Domicile Determination for Divorce
Priscilla Parks maintained a leased farmhouse in State A while visiting family abroad. The farmhouse remained her place of abode, supporting the finding that she had not acquired a new domicile in Nevada.
Williams v. North Carolina317 U.S. at page 297
Common questions
Frequently Asked
4
How does place of abode differ from domicile in the UPC choice-of-law rule?+
Place of abode supplies an independent validating ground even when the testator's domicile lies elsewhere. The statute lists domicile, place of abode, and nationality as separate alternatives, so a temporary but fixed residence suffices.
Supporting sources
Does a temporary work assignment create a place of abode for will validation?+
Yes, when the testator maintains a fixed dwelling during the assignment. The UPC permits reference to the law of the place of abode at execution, and a six-month rental that contains personal effects qualifies.
Supporting sources
When is leaving process at a place of abode sufficient under the federal rules?+
Service is proper when the papers are left with a person of suitable age and discretion who resides there. The rule expressly authorizes this method at the defendant's dwelling or usual place of abode.
Supporting sources
Can a will be validated solely on the place-of-abode prong when the testator later changes residence?+
Yes. The statute looks to the place of abode at execution or at death, so a valid connection at either time is enough even if the testator later moves.
Supporting sources
380 U.S. 460 (1965)Conflict of Laws
…a copy of the summons and of the complaint to him personally or by leaving copies thereof at his dwelling house or usual place of abode with some person of suitable age and discretion then residing therein . . . ." Respondent filed his answer on February 26, alleging, inter alia , that the action could not be maintained…