§ 1562 — Payment of debt and delivery of property to domiciliary foreign personal representative without local administration

Delaware § 1562

• Jurisdiction: Delaware
• Title: 12
• Part: Administration of Decedents’ Estates
• Ch. 15: LETTERS TESTAMENTARY AND LETTERS OF ADMINISTRATION
• Subch.: Foreign Representatives

Text

At any time after the expiration of 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 property of such nonresident decedent or having possession or control 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 property or 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 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 ancillary administration, or application or petition therefor, is pending in this State;

(3) That the domiciliary foreign personal representative is entitled to payment or delivery.

Legislative History

59 Del. Laws, c. 384, § 1 ; 70 Del. Laws, c. 186, § 1