75-3-1202 - Effect of affidavit.
75-3-1202. Effect of affidavit.
The person paying, delivering, transferring, or issuing personal property or the evidencethereof pursuant to affidavit is discharged and released to the same extent as if he dealt with apersonal representative of the decedent. He is not required to see to the application of the personalproperty or evidence thereof or to inquire into the truth of any statement in the affidavit. If anyperson to whom an affidavit is delivered refuses to pay, deliver, transfer, or issue any personalproperty or evidence thereof, it may be recovered or its payment, delivery, transfer, or issuancecompelled upon proof of their right in a proceeding brought for the purpose by or on behalf of thepersons entitled to it. In such event, in addition to recovering the property, the person to whom anaffidavit is delivered shall, in the discretion of the court, be liable for damages to the claimant foran amount up to three times the value of the personal property plus costs of suit and reasonableattorneys' fees. Any person to whom payment, delivery, transfer, or issuance is made isanswerable and accountable therefor to any personal representative of the estate or to any otherperson having a superior right.
Amended by Chapter 226, 1983 General Session