§ 33-18-26. Action by foreign executor or administrator — Prerequisites.
If a corporation refuses to permit a transfer as provided in § 33-18-24 or a person indebted refuses to pay, or having possession refuses to deliver personal
property as permitted in § 33-18-25, the executor or administrator, if there is no executor or administrator appointed
in this state, upon application to the probate court of any town in this state in
which any real estate of the decedent is located, or, if there is no real estate in
this state, in which any personal property of the decedent is situated, or in which
any debtor resides, or in which any corporation the decedent owned sh
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§ 33-18-26. Action by foreign executor or administrator — Prerequisites.
If a corporation refuses to permit a transfer as provided in § 33-18-24 or a person indebted refuses to pay, or having possession refuses to deliver personal
property as permitted in § 33-18-25, the executor or administrator, if there is no executor or administrator appointed
in this state, upon application to the probate court of any town in this state in
which any real estate of the decedent is located, or, if there is no real estate in
this state, in which any personal property of the decedent is situated, or in which
any debtor resides, or in which any corporation the decedent owned shares of stock
or registered bonds is located, may be authorized by the court to transfer the shares
and bonds or to take possession of the personal property and collect the debts, and
the executor or administrator may demand, sue for, and recover the property or debts;
provided, that no foreign executor or administrator shall be authorized to make any
transfer or take possession of personal property under the provisions of this section
until he or she shall have filed in the court a copy of the will, if any, and of his
or her appointment, authenticated as provided in this chapter, nor until six (6) months
after his or her appointment, nor until he or she shall have given bond to the probate
court appointing him or her, unless sufficient bond has been given, nor until he or
she shall have advertised notice of his or her application in this state at least
once each week for two (2) successive weeks in some newspaper, as directed by the
probate court; and provided, further, that no authority to transfer or take possession
shall be granted, if any creditor of the deceased person or ward shall show to the
probate court valid objections to the transfer or possession, supported by a sworn
statement of his or her claim or demand and that the same is justly due.