Collection of indebtedness; secure possession of property; special
administrator appointed
Sec. 16. Whenever any interested person files with the court
having jurisdiction of an estate a petition showing that such person
has reason to believe and does believe that the personal
representative of the estate or any other person is indebted to the
estate, or that any property is in the possession of the personal
representative of the estate or of any other person, and that diligent
effort is not being made to collect such indebtedness or to secure
possession of such property for the estate, the court shall hold a
hearing upon such petition and shall determine what action, if any,
shall be taken. Should the court decide that there is sufficient merit
in the petitioner's claim to warrant action, it shall direct the personal
representative to take such action as the court deems necessary;
provided, however, where the person claimed to be indebted to the
estate or having in his possession property belonging to the estate is
the personal representative or where the court is of the opinion that
the personal representative would not or could not for any reason
prosecute such action with sufficient vigor, it shall appoint a special
administrator to take such action as it shall direct.
(Formerly: Acts 1953, c.112, s.1316.)
Last modified: May 27, 2006