Administration of estate of county property of nonresident decedent.

- If a nonresident of the state dies, owning bonds and promissory notes, which are in the possession of one residing in a county of this state, such person may be said to have property in that county, and the probate judge of that county may grant administration on the deceased's estate. Robbins v. National Bank, 241 Ga. 538, 246 S.E.2d 660 (1978).

Cause of action is personalty, and because the situs of personalty follows the owner thereof and is controlled by the domicile of the owner, a cause of action belonging to a nonresident could not be probated, and an attorney's files that made up that cause were likewise not property subject to probate. Escareno v. Noltina Crucible & Refractory Corp., 172 F.R.D. 522 (N.D. Ga. 1997).

Bonds and notes of nonresident held by person in county are property. McLaren v. Bradford, 52 Ga. 648 (1874).

Cause of action or injury sufficient basis.

- Administration of a nonresident's estate does not require ownership of tangible property in the state, but rather, the presence of a cause of action or injury to the decedent is a sufficient basis. Escareno v. Carl Nolte Sohne GmbH, 270 Ga. 264, 507 S.E.2d 743 (1998).

Pending lawsuit of decedent.

- Statute authorized the appointment of an administrator for an estate in the county where the decedent had a pending lawsuit. Escareno v. Noltina Crucible and Refractory Corp., 163 F.3d 1257 (11th Cir. 1998).

Jurisdiction is not lost because of prior appointment of administrator in the state where the nonresident owner was domiciled at the time of death. Ott v. Hutchinson, 91 Ga. 31, 16 S.E. 106 (1892); Jones v. Cooner, 142 Ga. 127, 82 S.E. 445 (1914).

Administrator should be appointed when estate may be created.

- If there is no tangible estate, but when there is something to be done by an administrator which in contemplation of law may create an estate, such as suing for the death of a decedent, an administrator should be appointed. Robbins v. National Bank, 241 Ga. 538, 246 S.E.2d 660 (1978).

Cited in McPhail v. Barnhill, 42 Ga. App. 505, 156 S.E. 466 (1931); Smith v. Scarborough, 182 Ga. 157, 185 S.E. 105 (1936); Scarborough v. Long, 186 Ga. 412, 197 S.E. 796 (1938); Bell v. Southwell, 376 F.2d 659 (5th Cir. 1967); Guyett v. Guyett, 160 Ga. App. 622, 287 S.E.2d 632 (1981); Escareno v. Carl Nolte Sohne GmbH & Co., 77 F.3d 407 (11th Cir. 1996); Wright v. Goss, 229 Ga. App. 393, 494 S.E.2d 23 (1997); Escareno v. Noltina Crucible & Refractory Corp., 139 F.3d 1456 (11th Cir. 1998); Escareno v. Noltina Crucible & Refractory Corp., 172 F.R.D. 517 (N.D. Ga. 1994).

ALR.

- Power to impound assets of nonresident decedent in state, 44 A.L.R. 801.