TITLE 72. ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS

CHAPTER 4. UPC -- FOREIGN PERSONAL REPRESENTATIVES AND ANCILLARY ADMINISTRATION

Part 3. Powers and Duties of Foreign Personal Representative

Filing Of Letters, Bond, Inventory, And Affidavit

72-4-303. Filing of letters, bond, inventory, and affidavit. (1) The domiciliary foreign personal representative of the estate of a nonresident decedent, who wishes to receive payment and delivery as described in 72-4-306 or to exercise the powers over assets described in 72-4-310, shall file with a district court in this state in a county in which property belonging to the decedent is located:

(a) an authenticated copy of the personal representative's appointment and of any official bond given;

(b) an inventory of the property of the nonresident decedent located in this state, which must contain the information prescribed in 72-3-607; and

(c) an affidavit stating:

(i) the date of death of the nonresident decedent; and

(ii) that no local administration or application or petition for local administration is pending in this state.

(2) Upon receiving the information required by subsection (1), the clerk of court shall issue a certificate to the domiciliary foreign personal representative identifying the representative as having registered with the district court and stating the name and date of death of the decedent.

History: En. 91A-4-201 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-4-201; amd. Sec. 4, Ch. 68, L. 2003; amd. Sec. 3, Ch. 513, L. 2005.