PART 2. 
VENUE FOR PROBATE AND ADMINISTRATION;



PRIORITY
TO ADMINISTER; DEMAND FOR NOTICE



 



§560:3-201  Venue for first and subsequent
estate proceedings; location of property.  (a)  Venue for the first
informal or formal testacy or appointment proceedings after a decedent's death
is:



(1)  In the judicial circuit where the decedent had
the decedent's domicile at the time of the decedent's death; or



(2)  If the decedent was not domiciled in this State,
in any judicial circuit where property of the decedent was located at the time
of the decedent's death.



(b)  Venue for all subsequent proceedings
within the exclusive jurisdiction of the court is in the place where the
initial proceeding occurred, unless the initial proceeding has been transferred
as provided in section 560:1-303 or subsection (c).



(c)  If the first proceeding was informal, on
application of an interested person and after notice to the proponent in the
first proceeding, the court, upon finding that venue is elsewhere, may transfer
the proceeding and the file to the other court.



(d)  For the purpose of aiding determinations
concerning location of assets which may be relevant in cases involving non-domiciliaries,
a debt, other than one evidenced by investment or commercial paper or other
instrument in favor of a non-domiciliary is located where the debtor resides
or, if the debtor is a person other than an individual, at the place where it
has its principal office.  Commercial paper, investment paper, and other
instruments are located where the instrument is.  An interest in property held
in trust is located where the trustee may be sued. [L 1996, c 288, pt of §1]