§ 30.1-18-09 — (3-709) Duty of personal representative - Possession of estate

Except as otherwise provided by a decedent's will, every personal representative has a right
to, and shall take possession or control of, the decedent's property, except that any real property
or tangible personal property may be left with or surrendered to the person presumptively
entitled thereto unless or until, in the judgment of the personal representative, possession of the
property by the personal representative will be necessary for purposes of administration. The
request by a personal representative for delivery of any property possessed by an heir or
devisee is conclusive evidence, in any action against the heir or devisee for possession thereof,
that the possession of the property by the personal representative is necessary for purposes of
administration. The personal representative shall pay taxes on, and take all steps reasonably
necessary for the management, protection, and preservation of, the estate in the personal
representative's possession. The personal representative may maintain an action to recover
possession of property or to determine the title thereto.