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 wherever
appointed.
(2) If the estate either in this state or as a whole is insufficient to cover all family
exemptions and allowances determined by the law of the decedent's domicile, prior charges and
claims, after satisfaction of the exemptions, allowances and charges, each claimant whose claim
has been allowed either in this state or elsewhere in administrations of which the personal
representative is aware, is entitled to receive payment of an equal proportion of his claim. If a
preference 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 his
claim after deducting the amount of the benefit.
(3) In case the family exemptions and allowances, prior charges and claims of the entire
estate exceed the total value of the portions of the estate being administered separately and this
state is not the state of the decedent's last domicile, the claims allowed in this state shall be paid
their proportion if local assets are adequate for the purpose, and the balance of local assets shall
be transferred to the domiciliary personal representative. If local assets are not sufficient to pay all
claims allowed in this state the amount to which they are entitled, local assets shall be marshalled
so that each claim allowed in this state is paid its proportion as far as possible, after taking into
account all dividends on claims allowed in this state from assets in other jurisdictions.
Enacted by Chapter 150, 1975 General Session
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Last revised: Thursday, May 28, 2009