Non-domiciliaries; jurisdiction and venue

§ 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.