§ 28-41-102 — Payment, transfers, or deliveries pursuant to affidavit

(a) The person making payment, transfer, or delivery pursuant to the affidavit described in § 28-41-101 shall be released to the same extent as if made to a personal representative of the decedent, and he or she shall not be required to see to the application thereof or to inquire into the truth of any statement in the affidavit. (b) (1) The distributee to whom payment, transfer, or delivery is made, as trustee, shall be answerable to any person having a prior right and shall be accountable to any personal representative thereafter appointed. (2) However, if notice to creditors of the decedent's death and the collection of his or her estate is published as provided by § 28-41-101 , all claims as to real property within the estate, in any event, shall be forever barred at the end of three (3) months after the date of the first publication of the first notice. (3) Nothing in this section shall affect or prevent any action or proceeding to enforce any mortgage, pledge, or other lien arising under contract or statute upon the property of the estate. (c) If the person to whom the affidavit is delivered refuses to pay, transfer, or deliver the property as provided in this section, the property may be recovered or delivery compelled in an action brought in a court of competent jurisdiction for such a purpose by or in behalf of the distributee entitled to the property upon proof of the facts required to be stated in the affidavit. (d) If the distributee who is entitled to the transfer or delivery of real property complies with the affidavit and notice requirements under § 28-41-101 , the three-month period required under § 28-41-101 lapses, and a claim is not presented to the distributee within the three-month period or all claims against the estate that were presented to the distributee within the three-month period are satisfied, then the distributee shall: (1) Be authorized to issue to himself or herself a deed of distribution for the real property of the decedent as if made by a personal representative of the decedent; and (2) Deliver notice of the transfer of ownership to the county assessor of each county where the real property is located. (e) (1) If a claim against an estate is presented to the distributee of the estate within three (3) months from the date of the first publication of the notice required under § 28-41-101 , then the distributee shall file a petition for the administration of the estate in accordance with § 28-40-101 et seq. (2) (A) A distributee is not required to comply with subdivision (e)(1) of this section if the claim against the estate is satisfied without using property owned by the decedent at the time of death. (B) If a claim against the estate is satisfied in the manner described under subdivision (e)(2)(A) of this section, the claimant shall present to the distributee an acknowledgement of the satisfied claim. (3) (A) If a petition for the administration of an estate is filed as required under subdivision (e)(1) of this section, then a new notice shall be published in accordance with § 28-40-111 . (B) The publication of notice filed by a distributee in accordance with § 28-41-101 is insufficient notice with regard to a petition for the administration of an estate filed as required under this subsection. (4) (A) The distributee shall pay a new filing fee when a petition for the administration of an estate is filed as required under this subsection. (B) A distributee is not entitled to a credit or refund of the fee paid to file the affidavit of small estate required under § 28-41-101 .

Legislative History

Amended by Act 2017, No. 1021,§ 2, eff. 8/1/2017. Amended by Act 2017, No. 1021,§ 1, eff. 8/1/2017. Acts 1949, No. 140, § 67; A.S.A. 1947, § 62-2128; Acts 1993, No. 687, § 2; 2001, No. 1229, § 1; 2011, No. 761, § 2.