§ 904 - Administrator or executor to be resident of state; exceptions; agent
§ 904. Administrator or executor to be resident of state; exceptions; agent
(a) In all cases where the principal administration is in this state, the probate court shall not appoint a trustee not named in a will nor an administrator who is not domiciled in this state at the time of appointment, nor an executor who is not domiciled in this state, except in the discretion of the court; provided, however, that the court shall appoint an administrator who is not domiciled in the state when requested so to do by the surviving spouse, the surviving children of lawful age or the surviving parent or parents or a guardian, on motion in that order of sequence.
(b) In case of the appointment of a nonresident executor, administrator or trustee, the person appointed shall forthwith designate in writing some person resident in the state from which letters testamentary, of administration or trusteeship are granted, upon whom service of legal process may be made as agent of the nonresident executor, administrator or trustee. The appointment shall be filed with the court. Service of legal process against the nonresident administrator, executor or trustee may be made by delivering to the agent a true and attested copy of the process with the officer's return thereon. (Amended 1959, No. 262, § 30, eff. June 11, 1959; 1985, No. 144 (Adj. Sess.), § 36.)