75-3-815 - Administration in more than one state -- Duty of personal representative.
75-3-815. Administration in more than one state -- Duty of personal representative.
(1) All assets of estates being administered in this state are subject to all claims,allowances, and charges existing or established against the personal representative whereverappointed.
(2) If the estate either in this state or as a whole is insufficient to cover all familyexemptions and allowances determined by the law of the decedent's domicile, prior charges andclaims, after satisfaction of the exemptions, allowances and charges, each claimant whose claimhas been allowed either in this state or elsewhere in administrations of which the personalrepresentative is aware, is entitled to receive payment of an equal proportion of his claim. If apreference or security in regard to a claim is allowed in another jurisdiction but not in this state,the creditor so benefited is to receive dividends from local assets only upon the balance of hisclaim after deducting the amount of the benefit.
(3) In case the family exemptions and allowances, prior charges and claims of the entireestate exceed the total value of the portions of the estate being administered separately and thisstate is not the state of the decedent's last domicile, the claims allowed in this state shall be paidtheir proportion if local assets are adequate for the purpose, and the balance of local assets shallbe transferred to the domiciliary personal representative. If local assets are not sufficient to pay allclaims allowed in this state the amount to which they are entitled, local assets shall be marshalledso that each claim allowed in this state is paid its proportion as far as possible, after taking intoaccount all dividends on claims allowed in this state from assets in other jurisdictions.
Enacted by Chapter 150, 1975 General Session