N.Y. Surrogate's Court Procedure Act § 206: Non-domiciliaries; jurisdiction and venue 1

§ 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.