§ 28-42-101. General law to apply
Except when special provision is made otherwise, the law and procedure relating to the administration of estates of resident decedents shall apply to the ancillary administration of estates of nonresident decedents.
§ 28-42-102. Application for ancillary letters
(a) (1) A foreign personal representative, upon the filing of an authenticated copy of his or her domiciliary letters with the circuit court of the county of proper venue, may be issued letters in this state, notwithstanding that the personal representative is a nonresident of this state. (2) A corporate foreign personal representative need not […]
§ 28-42-103. Ancillary personal representative — Bond
An ancillary personal representative shall give bond as required by § 28-48-201. However, if he or she is a resident of this state, the bond may be reduced or dispensed with in accordance with § 28-48-206.
§ 28-42-104. Designation of agent
Prior to the granting of ancillary letters to a nonresident, the nonresident ancillary personal representative shall comply with the provisions of § 28-48-101(b)(6) concerning designation of an agent to accept service of process.
§ 28-42-105. Substitution of foreign for local representative
(a) (1) If any other person has been appointed local personal representative, the foreign personal representative, not later than twenty (20) days after the dispatch of notice to him or her under § 28-42-102, unless this period is extended for cause by the court, may apply for revocation of the appointment and for granting of […]
§ 28-42-106. Removal of assets to domiciliary jurisdiction
(a) Petition. Prior to the final disposition of the ancillary estate under § 28-42-109 and upon giving such notice as the court may direct, the foreign personal representative may apply for leave to remove all or any part of the assets from this state to the domiciliary jurisdiction for the purpose of administration and distribution. […]
§ 28-42-107. Payment of claims generally
An ancillary personal representative may pay a claim against the estate only if it has been presented and allowed in the manner and within the time required to establish a claim against an estate of domiciliary administration in this state.
§ 28-42-108. Payment of claims — Insolvent estates
(a) Equality Subject to Preferences and Security. (1) If the estate, either in this state or as a whole, is insolvent, it shall be disposed of so that, as far as possible, each creditor whose claim has been allowed, either in this state or elsewhere, shall receive an equal proportion of his or her claim, […]
§ 28-42-109. Transfer of residue to domiciliary personal representative
(a) (1) Any movable assets remaining in the hands of the ancillary personal representative after the payment of all claims allowed in this state may by the court be ordered transferred to the personal representative in the domiciliary jurisdiction. (2) This transfer may be conditioned upon satisfactory evidence being furnished to the court that the […]
§ 28-42-110. Payment of debt and delivery of property to domiciliary foreign personal representative
(a) At any time after the expiration of sixty (60) 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 […]
§ 28-42-111. Jurisdiction over foreign personal representative
(a) A foreign personal representative submits himself or herself to the jurisdiction of the courts of this state by: (1) Receiving payment of money, or taking delivery of personal property under § 28-42-110; or (2) Doing any act as a personal representative in this state which would have given the state jurisdiction over him or […]