(1) By giving bond, with surety that is resident of the county in which the action
is brought, nonresident executors or administrators of persons who were nonresidents
at the time of their death may prosecute actions for the recovery of debts due to
(2) In such actions the plaintiff's letters testamentary or letters of administration,
granted by a competent tribunal, properly authenticated, shall be filed. No judgment shall be rendered until the plaintiff executes bond to the state, with
good surety that is resident of the county, conditioned to pay any debt due by his
decedent to any resident of this state to the extent assets come to his hands.
(3) Actions may be brought on the bond required by subsection (2) for the use of
any creditor of the decedent for three years after the date of each receipt of assets
by the executor or administrator in this state but not after.
(4) If there is an executor or administrator of such a decedent qualified by a court
of this state, he alone may sue, but any debtor who pays his debt or part of it to
a nonresident personal representative without notice of the resident personal representative
shall be discharged to the extent of such payment.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
Was this helpful?
Response sent, thank you
Welcome to FindLaw's Cases & Codes
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.