15-3-815. ADMINISTRATION IN MORE THAN ONE STATE — DUTY OF PERSONAL REPRESENTATIVE. (a) 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.
(b) 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.
(c) 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.
History:
[I.C., sec. 15-3-815, as added by 1971, ch. 111, sec. 1, p. 233.]
Structure Idaho Code
Title 15 - UNIFORM PROBATE CODE
Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION
Section 15-3-801 - NOTICE TO CREDITORS.
Section 15-3-802 - STATUTES OF LIMITATIONS.
Section 15-3-803 - LIMITATIONS ON PRESENTATION OF CLAIMS.
Section 15-3-804 - MANNER OF PRESENTATION OF CLAIMS.
Section 15-3-805 - CLASSIFICATION OF CLAIMS.
Section 15-3-806 - ALLOWANCE OF CLAIMS.
Section 15-3-807 - PAYMENT OF CLAIMS.
Section 15-3-808 - INDIVIDUAL LIABILITY OF PERSONAL REPRESENTATIVE.
Section 15-3-809 - SECURED CLAIMS.
Section 15-3-810 - CLAIMS NOT DUE AND CONTINGENT OR UNLIQUIDATED CLAIMS.
Section 15-3-811 - COUNTERCLAIMS.
Section 15-3-812 - EXECUTION AND LEVIES PROHIBITED.
Section 15-3-813 - COMPROMISE OF CLAIMS.
Section 15-3-814 - ENCUMBERED ASSETS.
Section 15-3-815 - ADMINISTRATION IN MORE THAN ONE STATE — DUTY OF PERSONAL REPRESENTATIVE.
Section 15-3-816 - FINAL DISTRIBUTION TO DOMICILIARY REPRESENTATIVE.