(a) The death of a nonresident does not revoke the appointment of the commissioner of administration by the nonresident as attorney under Alaska Stat. § 09.05.020. If the nonresident dies, an action growing out of the accident or collision may be begun or prosecuted against an executor or administrator duly appointed by the state, territory, or district of the United States or foreign country where the nonresident is domiciled at the time of death. Service of the summons shall be made on the commissioner of administration. Notice of the service and the copy of the process shall be given to the nonresident’s executor or administrator in like manner, with the same force as service on a living nonresident.
Terms Used In Alaska Statutes 09.05.030
action: includes any matter or proceeding in a court, civil or criminal. See Alaska Statutes 01.10.060
Executor: A male person named in a will to carry out the decedent
Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
Plaintiff: The person who files the complaint in a civil lawsuit.
state: means the State of Alaska unless applied to the different parts of the United States and in the latter case it includes the District of Columbia and the territories. See Alaska Statutes 01.10.060
Summons: Another word for subpoena used by the criminal justice system.
(b) An action or proceeding pending in a state court, in which the court has obtained jurisdiction of a nonresident under Alaska Stat. § 09.05.020, does not abate by reason of the nonresident’s death. The nonresident’s executor or administrator duly appointed in the state, territory, or district of the United States or foreign country where the nonresident is domiciled at the time of death, shall, on the application of the plaintiff, be brought in and substituted in the place of the nonresident, and the action or proceeding shall continue.
