28-42-110. Payment of debt and delivery of property to domiciliary foreign personal representative.

Arkansas Code — all titles (historical 2020) · legal_authorities

28-42-110. Payment of debt and delivery of property to domiciliary foreign personal representative.

28-42-110. Payment of debt and delivery of property to domiciliary foreign personal representative. (a) At any time after the expiration of sixty (60) 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 deliver 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 representative's appointment and an affidavit made by or on behalf of the 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; and (3) That the domiciliary foreign personal representative is entitled to payment or delivery. (b) Payment or delivery made in good 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. (c) Payment or delivery under subsection (a) of this section 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.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 28-42-110

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.