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28-42-106. Removal of assets to domiciliary jurisdiction.
Arkansas Code — all titles (historical 2020) · legal_authorities
28-42-106. Removal of assets to domiciliary jurisdiction.
(a) Petition. Prior to the final disposition of the ancillary estate under § 28-42-109 and upon giving such notice as the court may direct, the foreign personal representative may apply for leave to remove all or any part of the assets from this state to the domiciliary jurisdiction for the purpose of administration and distribution.
(b)Order.
(1) Before granting the petition, the court shall inquire into the sufficiency of the bond given pursuant to the provisions of § 28-42-103 and shall direct the furnishing of an additional bond if required for the protection of the estate or interested persons.
(2) The court, in its discretion, may grant, deny, or postpone action on the petition.
(3) The granting of the petition shall not terminate the ancillary administration.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 28-42-106
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:28-42-106
Source file: gov.ar.code.title.28.odt
Pages: Not recorded – Not recorded
Passage SHA-256: f8f6b25279bb0c6d5ce8ba5160e2889a0bb45270c20910db415c1c056191d14b
Source location: content.xml paragraph 4927
Stored source content
28-42-106. Removal of assets to domiciliary jurisdiction.
(a) Petition. Prior to the final disposition of the ancillary estate under § 28-42-109 and upon giving such notice as the court may direct, the foreign personal representative may apply for leave to remove all or any part of the assets from this state to the domiciliary jurisdiction for the purpose of administration and distribution.
(b)Order.
(1) Before granting the petition, the court shall inquire into the sufficiency of the bond given pursuant to the provisions of § 28-42-103 and shall direct the furnishing of an additional bond if required for the protection of the estate or interested persons.
(2) The court, in its discretion, may grant, deny, or postpone action on the petition.
(3) The granting of the petition shall not terminate the ancillary administration.
Cross-references
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Arkansas Code — all titles (historical 2020) · legal_authorities
28-42-103. Ancillary personal representative — Bond.
An ancillary personal representative shall give bond as required by § 28-48-201. However, if he or she is a resident of this state, the bond may be reduced or dispensed with in accordance with § 28-48-206.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 28-42-103
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 28-42-103. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
28-42-109. Transfer of residue to domiciliary personal representative.
(a)(1) Any movable assets remaining in the hands of the ancillary personal representative after the payment of all claims allowed in this state may by the court be ordered transferred to the personal representative in the domiciliary jurisdiction.
(2) This transfer may be conditioned upon satisfactory evidence being furnished to the court that the domiciliary personal representative has given bond sufficient for the protection of the estate and persons interested in the estate with respect to the property so transferred.
(b) Upon good cause shown, the court may order the sale of local assets by the ancillary personal representative for the purpose of transmitting the proceeds to the domiciliary personal representative.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 28-42-109
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 28-42-109. This identifies an authority to review, not proof of applicability.