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Delaware Laws | Title 12 Decedents' Estates and Fiduciary Relations
CHAPTER 15. LETTERS TESTAMENTARY AND LETTERS OF ADMINISTRATION
Subchapter V. Foreign Representatives

A domiciliary foreign personal representative who has complied with Sec. 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 Sec. 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. (2165)

(59 Del. Laws, c. 384, Sec. 1; 75 Del. Laws, c. 97, Sec. 2.) (2166)

The power of a domiciliary foreign personal representative under Sec. 1562 or Sec. 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 Sec. 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. (2167)

(59 Del. Laws, c. 384, Sec. 1; 70 Del. Laws, c. 186, Sec. 1.) (2168)

In respect to the local administration of the estate of a nonresident decedent, the provisions of this title govern: (2169)

(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 (2170)

(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. (2171)

(59 Del. Laws, c. 384, Sec. 1.) (2172)

A foreign personal representative submits to the jurisdiction of the courts of this State by: (2173)

(1) Filing exemplified copies of appointment as provided in Sec. 1565 of this title, (2174)

(2) Receiving payment of money or taking delivery of personal property under Sec. 1562 of this title, or (2175)

(3) Doing any act as a personal representative in this State which would have given the State jurisdiction over the person as an individual. (2176)

Jurisdiction under paragraph (2) of this section is limited to the money or value of personal property collected. (2177)

(59 Del. Laws, c. 384, Sec. 1; 70 Del. Laws, c. 186, Sec. 1.) (2178)

In addition to jurisdiction conferred by Sec. 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. (2179)

(59 Del. Laws, c. 384, Sec. 1; 70 Del. Laws, c. 186, Sec. 1.) (2180)

(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. (2181)

(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. (2182)

(59 Del. Laws, c. 384, Sec. 1; 70 Del. Laws, c. 186, Sec. 1.) (2183)

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. (2184)

(59 Del. Laws, c. 384, Sec. 1; 70 Del. Laws, c. 186, Sec. 1.) (2185)

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. (2186)

(63 Del. Laws, c. 61, Sec. 1.) (2187)

Decedents' Estates and Fiduciary Relations Administration of Decedents' Estates (2188)

CHAPTER 17. ABSENTEES; PRESUMED DECEDENTS (2189)(Text)

Sec. 1701. Presumption of death. (2190)(Text)

(a) When the death of a person or the date thereof is in issue, the unexplained absence from the last known place of residence and the fact that the person has been unheard of for 7 years may be a sufficient ground for finding that the person died 7 years after the person was last heard of. (2191)

(b) The fact that a person was exposed to a specific peril of death may be sufficient ground for finding that the person died less than 7 years after the person was last heard of. (2192)

(c) A written finding of missing in action or presumed death made by the Secretary of the Army, the Secretary of the Navy or other officer or employee of the United States authorized to make such finding pursuant to the Federal Missing Persons Act (37 U.S.C. Sec. 551 et seq.), as now or hereafter amended, or a duly certified copy of such finding shall be received in any court, office or other place in this State as prima facie evidence of the death of the person therein found to be missing in action or dead, and the date, circumstances and place of disappearance. (2193)

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