(1) Three months or more after the death of a nonresident decedent, any person indebted to the estate of the nonresident decedent or having possession of personal property or an instrument evidencing a debt, obligation, stock or chose in action belonging to the estate of the nonresident decedent may make payment of the indebtedness, in whole or in part, or deliver the personal property or the instrument evidencing the debt, obligation, stock or chose in action to the foreign personal representative of the nonresident decedent, upon an affidavit made by or on behalf of the foreign personal representative stating:
(a) The date of the death of the nonresident decedent;
(b) That no local administration or application therefor is pending in this state; and
(c) That the foreign personal representative is entitled to payment or delivery.
(2) Payment or delivery made in good faith on the basis of the affidavit is a discharge of the debtor or person having possession of the personal property.
(3) Payment or delivery may not be made under this section 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 foreign personal representative. [1969 c.591 §193; 1987 c.646 §3]Section: Previous 116.195 116.203 116.213 116.223 116.233 116.243 116.253 116.263 116.303 116.305 116.310 116.313 116.315 116.320 116.323 Next
Last modified: August 7, 2008