30.1-24 Definitions - Powers of Foreign Personal Representatives
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<![CDATA[CHAPTER 30.1-24DEFINITIONS - POWERS OF FOREIGN PERSONAL REPRESENTATIVES30.1-24-01. (4-101) Definitions. In chapters 30.1-24 and 30.1-25:1."Local administration" means administration by a personal representative appointed<br>in this state pursuant to appointment proceedings described in chapters 30.1-12<br>through 30.1-23.2."Local personal representative" includes any personal representative appointed in<br>this state pursuant to appointment proceedings described in chapters 30.1-12<br>through 30.1-23 and excludes foreign personal representatives who acquire the<br>power of a local personal representative pursuant to section 30.1-24-06.3."Resident creditor" means a person domiciled in, or doing business in, this state,<br>who is, or could be, a claimant against an estate of a nonresident decedent.30.1-24-02. (4-201) Payment of debt and delivery of property to domiciliary foreignpersonal representative without local administration. At any time after the expiration of sixty<br>days from the death of a nonresident decedent, any person indebted to the estate of the<br>nonresident decedent or having possession or control of personal property, or of an instrument<br>evidencing a debt, obligation, stock, or chose in action belonging to the estate of the nonresident<br>decedent may pay the debt, deliver the personal property, or the instrument evidencing the debt,<br>obligation, stock, or chose in action, to the domiciliary foreign personal representative of the<br>nonresident decedent upon being presented with proof of the personal representative's<br>appointment and an affidavit made by or on behalf of the personal 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<br>state.3.That the domiciliary foreign personal representative is entitled to payment or<br>delivery.30.1-24-03. (4-202) Payment or delivery discharges. Payment or delivery made ingood faith on the basis of the proof of authority and affidavit releases the debtor or person having<br>possession of the personal property to the same extent as if payment or delivery had been made<br>to a local personal representative.30.1-24-04.(4-203) Resident creditor notice.Payment or delivery under section30.1-24-02 may not be made if a resident creditor of the nonresident decedent has notified the<br>debtor of the nonresident decedent or the person having possession of the personal property<br>belonging to the nonresident decedent that the debt should not be paid nor the property delivered<br>to the domiciliary foreign personal representative.30.1-24-05. (4-204) Proof of authority - Bond. If no local administration or applicationor petition for local administration is pending in this state, a domiciliary foreign personal<br>representative may file with a court in this state, in a county in which property belonging to the<br>decedent is located, authenticated or certified copies of the person's appointment and of any<br>official bond the person has given, and the court shall enter an order establishing the filing of the<br>copies.30.1-24-06.(4-205) Powers.A domiciliary foreign personal representative who hascomplied with section 30.1-24-05 may exercise, as to assets in this state, all powers of a local<br>personal representative and may maintain actions and proceedings in this state subject to any<br>conditions imposed upon nonresident parties generally.Page No. 130.1-24-07. (4-206) Power of representatives in transition. The power of a domiciliaryforeign personal representative under section 30.1-24-02 or 30.1-24-06 shall be exercised only if<br>there is no administration or application therefor pending in this state. An application or petition<br>for local administration of the estate terminates the power of the foreign personal representative<br>to act under section 30.1-24-06, but the local court may allow the foreign personal representative<br>to exercise limited powers to preserve the estate. No person who, before receiving actual notice<br>of a pending local administration, has changed that person's position in reliance upon the powers<br>of a foreign personal representative shall be prejudiced by reason of the application or petition<br>for, or grant of, local administration. The local personal representative is subject to all duties and<br>obligations which have accrued by virtue of the exercise of the powers by the foreign personal<br>representative and may be substituted for the foreign personal representative in any action or<br>proceedings in this state.30.1-24-08.(4-207) Ancillary and other local administrations - Provisionsgoverning. In respect to a nonresident decedent, the provisions of chapters 30.1-12 through<br>30.1-23 of this title govern:1.Proceedings, if any, in a court of this state for probate of the will, appointment,<br>removal, supervision, and discharge of the local personal representative, and any<br>other order concerning the estate.2.The status, powers, duties, and liabilities of any local personal representative and<br>the rights of claimants, purchasers, distributees, and others in regard to a local<br>administration.Page No. 2Document Outlinechapter 30.1-24 definitions - powers of foreign personal representatives]]>