§ 12-1085. Death of nonresident.  


Latest version.
  • When a nonresident who is subject to the jurisdiction of a court of this state dies, the action shall continue and his personal representative shall be substituted as a party to the action although he was appointed as personal representative in some other jurisdiction if

    (1) the personal representative is served in this state with notice of his substitution as a party to the action; or,

    (2) the cause of action arose in this state and the personal representative is given actual notice by mail or by personal service outside of this state of his substitution as a party to the action;

    (3) the action may continue as a proceeding in rem if a reasonable effort is made to notify the personal representative of the existence of the action.

Added by Laws 1965, c. 299, § 7.