59-807.Same; testamentary designees; granting letters testamentary. (a) When the will of a nonresident decedent designates one or moreindividuals or a qualified corporation as executor, letters testamentaryshall be granted to any or all of them as in estates of resident decedents.If such designated individual or corporation has not applied in this statefor such letters, any interested person may apply for the issuance ofletters testamentary and, after reasonable notice to such individual orqualified corporation of such application, the manner and nature of whichis to be determined by the court, and after hearing thereon, and if suchindividual or corporation be found unsuitable, incompetent, or unqualified,or does not qualify within three (3) days after being found by the court tobe entitled thereto, then the court may issue letters testamentary withwill annexed to such other person, persons, or corporations as in thissection provided.
(b) When the nonresident decedent dies intestate or dies testate and noletters testamentary are granted as in this section heretofore provided,then letters of administration, upon proper application by an interestedperson, may be granted to the following persons:
(1) To the husband or wife or to his or her nominee who is an individualor a qualified corporation of this state;
(2) To one or more individuals who are entitled to distribution of theestate, whom the court shall believe will best manage and preserve theestate, or to a nominee of one or more of those entitled to distribution ofthe estate. Such nominee shall be an individual or a qualified corporationof this state.
(c) If proper application by an interested person for the issuance ofletters, either to the applicant or otherwise, has been made, and if thecourt believes that no one of the persons otherwise entitled under thissection to have letters issued to him or her is a competent and suitable person,then the court may grant letters to some other person or to a qualifiedcorporation of this state.
59-807.Same; testamentary designees; granting letters testamentary. (a) When the will of a nonresident decedent designates one or moreindividuals or a qualified corporation as executor, letters testamentaryshall be granted to any or all of them as in estates of resident decedents.If such designated individual or corporation has not applied in this statefor such letters, any interested person may apply for the issuance ofletters testamentary and, after reasonable notice to such individual orqualified corporation of such application, the manner and nature of whichis to be determined by the court, and after hearing thereon, and if suchindividual or corporation be found unsuitable, incompetent, or unqualified,or does not qualify within three (3) days after being found by the court tobe entitled thereto, then the court may issue letters testamentary withwill annexed to such other person, persons, or corporations as in thissection provided.
(b) When the nonresident decedent dies intestate or dies testate and noletters testamentary are granted as in this section heretofore provided,then letters of administration, upon proper application by an interestedperson, may be granted to the following persons:
(1) To the husband or wife or to his or her nominee who is an individualor a qualified corporation of this state;
(2) To one or more individuals who are entitled to distribution of theestate, whom the court shall believe will best manage and preserve theestate, or to a nominee of one or more of those entitled to distribution ofthe estate. Such nominee shall be an individual or a qualified corporationof this state.
(c) If proper application by an interested person for the issuance ofletters, either to the applicant or otherwise, has been made, and if thecourt believes that no one of the persons otherwise entitled under thissection to have letters issued to him or her is a competent and suitable person,then the court may grant letters to some other person or to a qualifiedcorporation of this state.
59-807.Same; testamentary designees; granting letters testamentary. (a) When the will of a nonresident decedent designates one or moreindividuals or a qualified corporation as executor, letters testamentaryshall be granted to any or all of them as in estates of resident decedents.If such designated individual or corporation has not applied in this statefor such letters, any interested person may apply for the issuance ofletters testamentary and, after reasonable notice to such individual orqualified corporation of such application, the manner and nature of whichis to be determined by the court, and after hearing thereon, and if suchindividual or corporation be found unsuitable, incompetent, or unqualified,or does not qualify within three (3) days after being found by the court tobe entitled thereto, then the court may issue letters testamentary withwill annexed to such other person, persons, or corporations as in thissection provided.
(b) When the nonresident decedent dies intestate or dies testate and noletters testamentary are granted as in this section heretofore provided,then letters of administration, upon proper application by an interestedperson, may be granted to the following persons:
(1) To the husband or wife or to his or her nominee who is an individualor a qualified corporation of this state;
(2) To one or more individuals who are entitled to distribution of theestate, whom the court shall believe will best manage and preserve theestate, or to a nominee of one or more of those entitled to distribution ofthe estate. Such nominee shall be an individual or a qualified corporationof this state.
(c) If proper application by an interested person for the issuance ofletters, either to the applicant or otherwise, has been made, and if thecourt believes that no one of the persons otherwise entitled under thissection to have letters issued to him or her is a competent and suitable person,then the court may grant letters to some other person or to a qualifiedcorporation of this state.
