Escareno v. Carl Nolte Sohne GmbH
Escareno v. Carl Nolte Sohne GmbH
Opinion of the Court
The Eleventh Circuit Court of Appeals certified to this Court the question of whether the appointment of an administrator for Alejandro Escareno’s estate was proper based upon a pending cause of action in Fulton County against Carl Nolte Sohne GmbH, a foreign defendant, or upon the presence of the case file in the decedent’s counsel’s office in Fulton County. Because we conclude that OCGA § 15-9-31 (2) authorizes the appointment of an administrator for an estate in the county where the decedent had a pending lawsuit, we answer the question in the affirmative.
In 1990, while working in Georgia, Escareno suffered third-degree burns over much of his body when a crucible allegedly manufactured by Carl Nolte Sohne burst, showering Escareno with molten zinc. Escareno filed a diversity suit against Carl Nolte Sohne, a German company, and others in the federal district court for the Northern District of Georgia in January 1992. Escareno died in December 1992, while he was a resident of Mexico. He left no property in Geor
OCGA § 15-9-32 and OCGA § 15-9-31 (2) address the jurisdiction of a probate court over the estate of a nonresident. OCGA § 15-9-32 provides that,
[w]hen a nonresident decedent has property or a cause of action in more than one county, letters of administration may be granted in any county in which such property or cause of action is located.
Similarly, OCGA § 53-6-21 provides that application for letters of administration of a nonresident’s estate shall be made in a county where some portion of the estate is. located. These provisions evidence an intent for the situs of the estate to follow the location of the cause of action. Reading these provisions with OCGA § 15-9-31 (2), which provides that a probate court can grant administration on the estate of a nonresident person “with a bona fide cause of action against some person therein,” demonstrates that the pendency of a nonresident decedent’s lawsuit in a county is a sufficient basis for the administration of the estate in that county.
This construction is consistent with the long-standing rule that the administration of a nonresident’s estate does not require that the nonresident have owned tangible property in this state.
Therefore, we conclude that the appointment of an administrator for Escareno’s estate in Fulton County where the lawsuit was pending was proper.
Question answered in the affirmative.
Robbins v. National Bank of Ga., 241 Ga. 538, 542 (246 SE2d 660) (1978).
Durden v. Wright, 143 Ga. 62, 62 (84 SE 125) (1915).
See Neal v. Boykin, 132 Ga. 400 (64 SE 480) (1909) (nonresident decedent’s personal property carried into county after his death sufficient for appointment of administrator in that county); McLaren v. Bradford, 52 Ga. 648 (1874) (deceased trustee who had been resident of Muscogee County and who had in life presumably had possession of bonds owned by
Reference
- Full Case Name
- ESCARENO v. CARL NOLTE SOHNE GMBH
- Status
- Published