29A-4-101      Definitions.

29A-4-101. Definitions.

In this chapter:

(1)    "Local administration" means administration by a personal representative appointed in this state pursuant to appointment proceedings described in chapter 29A-3;

(2)    "Local personal representative" includes any personal representative appointed in this state pursuant to appointment proceedings described in chapter 29A-3 and excludes foreign personal representatives who acquire the power of a local personal representative pursuant to § 29A-4-205;

(3)    "Resident creditor" means a person domiciled in, or doing business in this state, who is, or could be, a claimant against an estate of a nonresident decedent.

Source: SL 1994, ch 232, § 4-101; SL 1995, ch 167, § 139.

29A-4-201. Payment of debt and delivery of property to domiciliary foreign personal representative without local administration.

At any time after the expiration of sixty days from the death of a nonresident decedent, any person indebted to the estate of the nonresident decedent or having possession or control of personal property, or of an instrument evidencing a debt, obligation, stock, or chose in action belonging to the estate of the nonresident decedent may pay the debt, deliver the personal property, or the instrument evidencing the debt, obligation, stock, or chose in action, to the domiciliary foreign personal representative of the nonresident decedent upon being presented with proof of the appointment and an affidavit made by or on behalf of the representative stating:

(1)    The date of the death of the nonresident decedent;

(2)    That no local administration, or application or petition therefor, is pending in this state;

(3)    That the domiciliary foreign personal representative is entitled to payment or delivery.

Source: SL 1994, ch 232, § 4-201.

29A-4-202. Payment or delivery discharges.

Payment or delivery made in good faith on the basis of the proof of authority and affidavit releases the debtor or person having possession of the personal property or of the instrument evidencing a debt, obligation, stock, or chose in action to the same extent as if payment or delivery had been made to a local personal representative.

Source: SL 1994, ch 232, § 4-202.

29A-4-203. Resident creditor notice.

Payment or delivery under § 29A-4-201 may not be made if a resident creditor of the nonresident decedent has notified the debtor of the nonresident decedent or the person having possession of the personal property or of the instrument evidencing a debt, obligation, stock, or chose in action belonging to the nonresident decedent that the debt should not be paid nor the property delivered to the domiciliary foreign personal representative.

Source: SL 1994, ch 232, § 4-203.

29A-4-204. Proof of authority-bond.

If no local administration or application or petition therefor is pending in this state, a domiciliary foreign personal representative may file with a court in this state in a county in which property belonging to the decedent is located, certified copies of the appointment and of any official bond.

Source: SL 1994, ch 232, § 4-204; SL 1995, ch 167, § 140.

29A-4-205. Powers.

A domiciliary foreign personal representative, who has complied with § 29A-4-204, may exercise as to assets in this state all powers of a local personal representative and may maintain actions and proceedings in this state subject to any conditions imposed upon nonresident parties generally, except that no will is effective to prove the transfer of any property unless admitted to probate in a local proceeding, and a bank or trust company shall not have the authority to act unless qualified to do trust business or exercise trust powers in this state.

Source: SL 1994, ch 232, § 4-205; SL 1995, ch 167, § 141.

29A-4-206. Power of representatives in transition.

The power of a domiciliary foreign personal representative under § 29A-4-201 or 29A-4-205 shall be exercised only if there is no administration or application therefor pending in this state. An application or petition for local administration of the estate terminates the power of the foreign personal representative to act under § 29A-4-205, but the local court may allow the foreign personal representative to exercise limited powers to preserve the estate. No person who, before receiving actual notice of a pending local administration, has changed his position in reliance upon the powers of a foreign personal representative shall be prejudiced by reason of the application or petition for, or grant of, local administration. The local personal representative is subject to all duties and obligations which have accrued by virtue of the exercise of the powers by the foreign personal representative and may be substituted for the foreign representative in any action or proceedings in this state.

Source: SL 1994, ch 232, § 4-206.

29A-4-207. Ancillary and other local administrations--Provisions governing.

In respect to a nonresident decedent, the provisions of chapter 29A-3 govern (1) proceedings, if any, in a court of this state for probate of the will, appointment, removal, supervision, and discharge of the local personal representative, and any other order concerning the estate; and (2) the status, powers, duties, and liabilities of any local personal representative and the rights of claimants, purchasers, distributees, and others in regard to a local administration.

Source: SL 1994, ch 232, § 4-207.

29A-4-301. Jurisdiction by act of foreign personal representative.

A foreign personal representative submits personally to the jurisdiction of the courts of this state in any proceeding relating to the estate by (1) filing certified copies of the appointment as provided in § 29A-4-204, (2) receiving payment of money or taking delivery of personal property under § 29A-4-201, or (3) doing any act as a personal representative in this state which would have given the state jurisdiction over the personal representative as an individual. Jurisdiction under (2) is limited to the money or value of personal property collected.

Source: SL 1994, ch 232, § 4-301; SL 1995, ch 167, § 142.

29A-4-302. Jurisdiction by act of decedent.

In addition to jurisdiction conferred by § 29A-4-301, a foreign personal representative is subject to the jurisdiction of the courts of this state to the same extent that the decedent was subject to jurisdiction immediately prior to death.

Source: SL 1994, ch 232, § 4-302.

29A-4-303. Service on foreign personal representative.

Notice shall be given to a foreign personal representative in the manner prescribed by § 29A-1-401.

Source: SL 1994, ch 232, § 4-303.

29A-4-401. Effect of adjudication for or against personal representative.

An adjudication rendered in any jurisdiction in favor of or against any personal representative of the estate is as binding on the local personal representative as if he were a party to the adjudication.

Source: SL 1994, ch 232, § 4-401.