At any time after the expiration of sixty days from the death of a nonresident decedent, any person indebted to the estate of the nonresident decedent or having possession or control of personal property, or 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 personal 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 his appointment and an affidavit made by or on behalf of the representative stating:

A. the date of the death of the nonresident decedent;

B. that no local administration, or application or petition therefor, is pending in this state; and

C. that the domiciliary foreign personal representative is entitled to payment or delivery.

History: 1953 Comp., § 32A-4-201, enacted by Laws 1975, ch. 257, § 4-201.

Official comments. — See Commissioners on Uniform State Law official comment to 4-201 UPC.

Cross references. — For general powers, duties and liabilities of a personal representative, see 45-3-703 NMSA 1978.

For powers of domiciliary foreign personal representative, see 45-4-205 NMSA 1978.

Right of nonresident to be ancillary administrator not questioned. — There is no question of the right of a nonresident to be appointed in New Mexico as an ancillary administrator subject to compliance with the formal requirements. In re Armijo's Will, 1953-NMSC-095, 57 N.M. 649, 261 P.2d 833 (decided under former law).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 31 Am. Jur. 2d Executors and Administrators §§ 1183 to 1197.

Payment of negotiable paper to, or enforcement thereof by, personal representative of owner appointed in one state, as affected by appointment of another representative in another state, 149 A.L.R. 1083.

Right of foreign domiciliary, or of ancillary, personal representative to maintain action for death under Federal Employers' Liability Act, 163 A.L.R. 1284.

Basis of distribution among decedent's unsecured creditors, of ancillary assets where entire estate or ancillary estate is insolvent, 164 A.L.R. 765.

33 C.J.S. Executors and Administrators § 11; 34 C.J.S. Executors and Administrators §§ 998, 1056.