§ 28-42-105 — Substitution of foreign for local representative

(a) (1) If any other person has been appointed local personal representative, the foreign personal representative, not later than twenty (20) days after the dispatch of notice to him or her under § 28-42-102 , unless this period is extended for cause by the court, may apply for revocation of the appointment and for granting of ancillary letters to himself or herself. (2) Notice of the hearing on the application shall be given to the local personal representative. (b) (1) Upon the finding that the action is for the best interest of the estate, the court may revoke the letters of the local personal representative and grant the application of the foreign personal representative. (2) After the application is granted, the local personal representative shall deliver to the foreign personal representative all assets and records of the estate in his or her possession and shall account to the foreign personal representative and to the court. (3) The hearing on the account may be held immediately, or upon such notice as the court may direct. (4) Upon compliance with the court's direction, the local personal representative and his or her sureties shall be discharged. (c) (1) Upon qualification, the foreign personal representative shall be substituted in all actions and proceedings brought by or against the local personal representative in his or her representative capacity and shall be entitled to all the rights and be subject to all the burden arising out of the uncompleted administration in all respects as if it had been continued by the local personal representative. (2) If the local personal representative has served or has been served with any process or notice, no further service or notice shall be necessary, nor shall the time within which any steps may or must be taken be changed, unless the court in which the action or proceedings are pending so orders.

Legislative History

Acts 1949, No. 140, § 182; A.S.A. 1947, § 62-3104.