Statute 59-805: Estates of nonresident decedents; jurisdiction of courts.
(a) The courts of this state have jurisdiction over all tangible and
intangible property of a nonresident decedent having a situs in this
state and intangible property embodied in insurance policies as authorized
by subsection (b). For the purpose of such jurisdiction it is recognized
as to other states and countries, and declared with respect to this state, that the
situs of debts, rights and choses in action which are embodied in legal
instruments such as stock certificates, bonds, negotiable instruments,
insurance policies payable to an estate and other similar items is in
that state or country in which such legal instruments are located, so
that whatever state or country has jurisdiction of such instruments has,
and of right ought to have, jurisdiction to administer upon or otherwise
direct the disposition of the debts, rights and choses in action which
they embody, or voluntarily relinquish such jurisdiction to other states
and countries. For such purpose the situs of other debts, rights and
choses in action is where the debtor is found.
(b) A person injured by a nonresident's tortious conduct in this state
may petition the district court of this state for appointment of an administrator
for 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 the
nonresident; and
(3) either administration of the nonresident's estate has not been commenced
in the decedent's state of residence, or if, such administration has been
commenced, the injured person nevertheless would be denied relief because
the probate laws of such state have provisions relating to the time for
exhibiting demands against an estate, or other time related provisions,
which have the effect of barring claims prior to the time claims would be
barred by the applicable statute of limitations in this state.
History: L. 1967, ch. 314, § 2; L. 1980, ch. 166, § 5; July 1.