§ 1608 — Ancillary letters generally 1

§ 1608. Ancillary letters generally\n 1. A person acting in the decedent's domicile as executor or\nadministrator or to administer the decedent's estate in accordance with\nthe law thereof may by an acknowledged instrument designate and\nauthorize the appointment of a person eligible to receive letters to act\nas ancillary administrator or ancillary administrator c.t.a. If\nconflicting designations or joint plural designations are made or if two\nor more persons are entitled jointly to letters under this article the\ncourt may appoint one or more of the persons so designated or one or\nmore of the persons so entitled.\n 2. A person to whom ancillary letters are issued must qualify in the\nsame manner as prescribed in this act for the qualification of a\nfiduciary except that the penalty of the bond may be in such sum as to\nthe court seems just, unless the will dispenses with the filing of a\nbond by the fiduciary named therein, in which case the court may\ndispense with the filing of a bond by the fiduciary so named.\n 3. In any case where the court is satisfied that there is no creditor\nof the decedent who is a domiciliary of this state and that no estate\ntax is assessable in this state, ancillary letters may issue without\nbond. Before issuing such letters without bond, however, the court may\nrequire that supplemental process issue, directed generally to all\ncreditors or persons claiming to be creditors who are domiciled in this\nstate and that it be served by publication unless such process had\ntheretofore been served in the proceeding.\n 4. All of the provisions of this act relating to eligibility to\nreceive letters shall be applicable to appointments made under this\narticle.\n 5. Before granting ancillary letters on any application therefor the\ncourt may require the petitioner or any other person seeking such\nletters to serve by mail a written notice of the application upon every\ndomiciliary beneficiary who has not been served with process or has not\nappeared in the proceeding for ancillary letters or waived service of\nprocess therein. Such notice shall be in the form prescribed in 1005 if\nthe application be for ancillary letters of administration or in the\nform prescribed in 1409 if the application be for ancillary letters\ntestamentary or ancillary letters of administration c.t.a. and shall be\nserved in accordance with the applicable section.\n 6. Any corporate banking institution of any state of the United\nStates, the Commonwealth of Puerto Rico, territory or possession of the\nUnited States not entitled of right under the banking law to receive\nsuch letters may nevertheless be authorized by the court to receive such\nletters upon filing such bond as the court may require.\n