Legislation
SECTION 206
Non-domiciliaries; jurisdiction and venue 1
Surrogate's Court Procedure Act (SCP) CHAPTER 59-A, ARTICLE 2
§ 206. Non-domiciliaries; jurisdiction and venue
1. The surrogate's court of any county has jurisdiction over the
estate of any non-domiciliary decedent who leaves property in the state,
or a cause of action for wrongful death against a domiciliary of the
state. The proper venue for proceedings relating to such estates is the
county (a) where the non-domiciliary decedent left property, or (b)
where personal property belonging to the non-domiciliary decedent has
since his death, disappearance or internment come into and remains
unadministered, or (c) of the domicile of the person against whom a
non-domiciliary left a cause of action for wrongful death.
2. Where venue may lie in more than one county under the provisions of
subdivision one, the court where a proceeding is first commenced with
proper venue shall retain jurisdiction, and matters relating to the
estate of the non-domiciliary decedent pending in the surrogate's courts
of other counties shall be transferred to it.
3. A surrogate shall transfer any proceeding to the surrogate's court
of the proper county either on his own motion or on the motion of any
party.
1. The surrogate's court of any county has jurisdiction over the
estate of any non-domiciliary decedent who leaves property in the state,
or a cause of action for wrongful death against a domiciliary of the
state. The proper venue for proceedings relating to such estates is the
county (a) where the non-domiciliary decedent left property, or (b)
where personal property belonging to the non-domiciliary decedent has
since his death, disappearance or internment come into and remains
unadministered, or (c) of the domicile of the person against whom a
non-domiciliary left a cause of action for wrongful death.
2. Where venue may lie in more than one county under the provisions of
subdivision one, the court where a proceeding is first commenced with
proper venue shall retain jurisdiction, and matters relating to the
estate of the non-domiciliary decedent pending in the surrogate's courts
of other counties shall be transferred to it.
3. A surrogate shall transfer any proceeding to the surrogate's court
of the proper county either on his own motion or on the motion of any
party.