§ 58-5. Venue of probate acts.

Wills must be proved, and letters testamentary or of administration granted in the following applicable situations:

1.  In the county of which the decedent was a resident at the time of his death, regardless where he died.

2.  In the county in which the decedent died, leaving an estate therein, the deceased not being a resident of this state.

3.  In the county in which any part of the estate of the deceased may be, where the decedent died out of this state, and the decedent was not a resident of this state at the time of his death.

4.  In the county in which any part of the estate may be and the decedent was not a resident of this state, but died within it, and did not leave an estate in the county in which he died.

5.  In all other cases, in the county where application for letters is first made.

Amended by Laws 1982, c. 176, § 1, emerg. eff. April 16, 1982.