TITLE 12

Decedents' Estates and Fiduciary Relations

Administration of Decedents' Estates

CHAPTER 15. LETTERS TESTAMENTARY AND LETTERS OF ADMINISTRATION

Subchapter V. Foreign Representatives


As used in this subchapter, the following definitions shall apply:

(1) "Local administration'' means administration by a personal representative appointed in this State pursuant to appointment proceedings described in this title.

(2) "Local personal representative'' includes any personal representative appointed in this State pursuant to appointment proceedings described in this title and excludes foreign personal representatives who acquire the power of a local personal representative pursuant to § 1566 of this title.

(3) "Personal representative'' includes executor, administrator, administrator with the will annexed and successor personal representatives and persons who perform substantially the same function under the law governing their status.

(4) "Resident creditor'' means a person domiciled in, or doing business in this State, who is, or could be, a claimant against an estate of a nonresident decedent.

59 Del. Laws, c. 384, § 1.;

At any time after the expiration of 60 days from the death of a nonresident decedent, any person indebted to the estate of the nonresident decedent or having possession or control of property of such nonresident decedent or having possession or control of an instrument evidencing a debt, obligation, stock or chose in action belonging to the estate of the nonresident decedent may pay the debt, deliver the property or the instrument evidencing the debt, obligation, stock or chose in action to the domiciliary foreign personal representative of the nonresident decedent upon being presented with proof of appointment and an affidavit made by or on behalf of the representative stating:

(1) The date of the death of the nonresident decedent;

(2) That no local ancillary administration, or application or petition therefor, is pending in this State;

(3) That the domiciliary foreign personal representative is entitled to payment or delivery.

59 Del. Laws, c. 384, § 1; 70 Del. Laws, c. 186, § 1.;

Payment or delivery made in good faith on the basis of the proof of authority and affidavit releases the debtor or person having possession of the personal property to the same extent as if payment or delivery had been made to a local personal representative.

59 Del. Laws, c. 384, § 1.;

Payment or delivery under § 1562 of this title may not be made if a resident creditor of the nonresident decedent has notified the debtor of the nonresident decedent or the person having possession of the personal property belonging to the nonresident decedent that the debt should not be paid nor the property delivered to the domiciliary foreign personal representative.

59 Del. Laws, c. 384, § 1.;

If no local ancillary administration or application or petition therefor is pending in this State, a domiciliary foreign personal representative may file with the Register of Wills in this State in a county in which property belonging to the decedent is located exemplified copies of the domiciliary foreign personal representative's appointment and of any official bond given.

59 Del. Laws, c. 384, § 1; 70 Del. Laws, c. 186, § 1.;

A domiciliary foreign personal representative who has complied with § 1565 of this title may exercise as to assets in this State all powers of a local personal representative and may maintain actions and proceedings in this State subject to any conditions imposed upon nonresident parties generally and provided that such domiciliary foreign personal representative complies with § 1905 of this title governing the filing of an inventory and appraisal of estate assets consisting of tangible personal property and real estate actually situated within this State.

59 Del. Laws, c. 384, § 1; 75 Del. Laws, c. 97, § 2.;

The power of a domiciliary foreign personal representative under § 1562 or § 1565 of this title shall be exercised only if there is no administration or application therefor pending in this State. An application or petition for local administration of the estate terminates the power of the foreign personal representative to act under § 1566 of this title, but the Court of Chancery may allow the foreign personal representative to exercise limited powers to preserve the estate. No person who, before receiving actual notice of a pending local administration, has changed position in reliance upon the powers of a foreign personal representative shall be prejudiced by reason of the application or petition for, or grant of, local administration. The local personal representative is subject to all duties and obligations which have accrued by virtue of the exercise of the powers by the foreign personal representative and may be substituted for the foreign personal representative in any action or proceeding in this State.

59 Del. Laws, c. 384, § 1; 70 Del. Laws, c. 186, § 1.;

In respect to the local administration of the estate of a nonresident decedent, the provisions of this title govern:

(1) Proceedings, if any, before a Register of Wills or the Court of Chancery in this State, for probate of the will, appointment, removal, supervision and discharge of the local personal representative, and any other order concerning the estate; and

(2) The status, powers, duties and liabilities of any local personal representative and the rights of claimants, purchasers, distributors and others in regard to a local administration.

59 Del. Laws, c. 384, § 1.;

A foreign personal representative submits to the jurisdiction of the courts of this State by:

(1) Filing exemplified copies of appointment as provided in § 1565 of this title,

(2) Receiving payment of money or taking delivery of personal property under § 1562 of this title, or

(3) Doing any act as a personal representative in this State which would have given the State jurisdiction over the person as an individual.

Jurisdiction under paragraph (2) of this section is limited to the money or value of personal property collected.

59 Del. Laws, c. 384, § 1; 70 Del. Laws, c. 186, § 1.;

In addition to jurisdiction conferred by § 1569 of this title, a foreign personal representative is subject to the jurisdiction of the courts of this State to the same extent that the decedent was subject to jurisdiction immediately prior to death.

59 Del. Laws, c. 384, § 1; 70 Del. Laws, c. 186, § 1.;

(a) Service of process may be made upon the foreign personal representative by certified mail, addressed to the last reasonably ascertainable address, requesting a return receipt signed by the addressee only. Notice by ordinary first-class mail is sufficient if certified mail service to the addressee is unavailable. Service may be made upon a foreign personal representative in the manner in which service could have been made under other laws of this State on either the foreign personal representative or the decedent immediately prior to death.

(b) If service is made upon a foreign personal representative as provided in subsection (a) of this section, the foreign personal representative shall be allowed at least 30 days within which to appear or respond.

59 Del. Laws, c. 384, § 1; 70 Del. Laws, c. 186, § 1.;

In the absence of fraud or collusion, an adjudication rendered in the domiciliary jurisdiction or any ancillary jurisdiction in favor of or against any personal representative of the estate is as binding on the local personal representative as if the representative were a party to the adjudication.

59 Del. Laws, c. 384, § 1; 70 Del. Laws, c. 186, § 1.;

The authentication and recognition of the acknowledgement of a foreign notary public or other officer on an instrument necessary under this chapter shall be in accordance with subchapter II of Chapter 43 of Title 29.

63 Del. Laws, c. 61, § 1.;