§ 33-18-26 - Action by foreign executor or administrator – Prerequisites.
SECTION 33-18-26
§ 33-18-26 Action by foreign executor oradministrator – Prerequisites. – If a corporation refuses to permit a transfer as provided in § 33-18-24 ora person indebted refuses to pay, or having possession refuses to deliverpersonal property as permitted in § 33-18-25, the executor oradministrator, if there is no executor or administrator appointed in thisstate, upon application to the probate court of any town in this state in whichany real estate of the decedent is located, or, if there is no real estate inthis state, in which any personal property of the decedent is situated, or inwhich any debtor resides, or in which any corporation the decedent owned sharesof stock or registered bonds is located, may be authorized by the court totransfer the shares and bonds or to take possession of the personal propertyand collect the debts, and the executor or administrator may demand, sue for,and recover the property or debts; provided, that no foreign executor oradministrator shall be authorized to make any transfer or take possession ofpersonal property under the provisions of this section until he or she shallhave filed in the court a copy of the will, if any, and of his or herappointment, authenticated as provided in this chapter, nor until six (6)months after his or her appointment, nor until he or she shall have given bondto the probate court appointing him or her, unless sufficient bond has beengiven, nor until he or she shall have advertised notice of his or herapplication in this state at least once each week for two (2) successive weeksin some newspaper, as directed by the probate court; and provided, further,that no authority to transfer or take possession shall be granted, if anycreditor of the deceased person or ward shall show to the probate court validobjections to the transfer or possession, supported by a sworn statement of hisor her claim or demand and that the same is justly due.