59-805. Estates of nonresident decedents; jurisdiction of courts.
59-805
59-805. Estates of nonresident decedents; jurisdiction of courts.(a) The courts of this state have jurisdiction over all tangible andintangible property of a nonresident decedent having a situs in thisstate and intangible property embodied in insurance policies as authorizedby subsection (b). For the purpose of such jurisdiction it is recognizedas to other states and countries, and declared with respect to this state, that thesitus of debts, rights and choses in action which are embodied in legalinstruments such as stock certificates, bonds, negotiable instruments,insurance policies payable to an estate and other similar items is inthat state or country in which such legal instruments are located, sothat whatever state or country has jurisdiction of such instruments has,and of right ought to have, jurisdiction to administer upon or otherwisedirect the disposition of the debts, rights and choses in action whichthey embody, or voluntarily relinquish such jurisdiction to other statesand countries. For such purpose the situs of other debts, rights andchoses in action is where the debtor is found.
(b) A person injured by a nonresident's tortious conduct in this statemay petition the district court of this state for appointment of an administratorfor the nonresident's estate if:
(1) The nonresident is deceased;
(2) pursuant to insurance coverage obtained on behalf of the nonresident,an insurer is wholly or partially liable for the tortious conduct of thenonresident; and
(3) either administration of the nonresident's estate has not been commencedin the decedent's state of residence, or if, such administration has beencommenced, the injured person nevertheless would be denied relief becausethe probate laws of such state have provisions relating to the time forexhibiting demands against an estate, or other time related provisions,which have the effect of barring claims prior to the time claims would bebarred by the applicable statute of limitations in this state.
History: L. 1967, ch. 314, § 2; L. 1980, ch. 166, § 5; July 1.