30.1-24 Definitions - Powers of Foreign Personal Representatives - North Dakota Statutes

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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
in this state pursuant to appointment proceedings described in chapters 30.1-12
through 30.1-23.2."Local personal representative" includes any personal representative appointed in
this state pursuant to appointment proceedings described in chapters 30.1-12
through 30.1-23 and excludes foreign personal representatives who acquire the
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,
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
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 personal representative's
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
state.3.That the domiciliary foreign personal representative is entitled to payment or
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
possession of the personal property to the same extent as if payment or delivery had been made
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
debtor of the nonresident decedent or the person having possession of the personal property
belonging to the nonresident decedent that the debt should not be paid nor the property delivered
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
representative may file with a court in this state, in a county in which property belonging to the
decedent is located, authenticated or certified copies of the person's appointment and of any
official bond the person has given, and the court shall enter an order establishing the filing of the
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
personal representative and may maintain actions and proceedings in this state subject to any
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
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 section 30.1-24-06, 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 that person's 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 personal representative in any action or
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
30.1-23 of this title 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.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.Page No. 2Document Outlinechapter 30.1-24 definitions - powers of foreign personal representatives