Title 53, Chapter 5, Section 42
( 53-5-42)
When an individual dies domiciled outside of this state possessed of
a claim to or against real or personal property or a cause of action
within this state, if ancillary probate or administration has not
been granted and is not pending in this state and there is a
personal representative duly qualified and serving under the laws of
the domiciliary jurisdiction, ancillary probate or administration
shall not be required and the duly qualified personal representative
may: (1) Take possession of personal property of the decedent located
within this state and collect accounts or other sums due and
payable to the decedent; (2) Sell and convey any property of the decedent located within
this state; (3) Transfer the decedent's stock in any bank or other corporation
in this state and withdraw deposits made by the decedent and
receive dividends declared on the decedent's stock; (4) Sue in any court in this state to enforce any cause of action
or recover any property of the decedent or the foreign personal
representative; (5) Settle or compromise debts, claims, actions, causes of action,
or controversies and give receipts, releases, or acquittances; (6) Exercise and enforce anywhere in this state any and all
rights, powers, or privileges possessed by the decedent or the
personal representative pursuant to deeds or bills of sale to
secure debts, mortgages, financing statements, or other
instruments given as security for debt or as liens of any kind,
including foreclosing, taking possession of property to which
either is entitled as security, and protecting any and all
interests or rights of either as a creditor in bankruptcy,
receivership, or other proceedings as fully as could any other
person entitled to do so; and (7) Give deeds of assent and otherwise transfer or execute
evidence of ownership of real and personal property located within
this state pursuant to the decedent's will or under the laws of
intestacy. Any of the foregoing powers of the personal representative shall be
exercised in the same manner and in conformity with all requirements
applicable to a personal representative of a decedent who dies
domiciled in this state. If the personal representative of a
decedent who dies domiciled outside this state is acting pursuant to
the decedent's will, the personal representative may exercise such
powers to the extent and in the manner contemplated by the will as
if the will had been admitted to probate within this state. The
filing of a petition for ancillary probate or administration in this
state shall suspend all authority of the personal representative to
perform any act within this state as such personal representative,
but such authority shall be reinstated if the petition is dismissed
or if the proceedings are otherwise finally terminated without a
grant of probate or administration in this state. Any suspension of
authority shall not serve to abate any action pending in any court
in this state to which the personal representative is a party; when
appropriate, the court may substitute a personal representative who
becomes qualified in this state in place of the personal
representative. The provisions of this Code section shall apply
only if the personal representative is a citizen of the United
States. |