PART 12. COLLECTION OF PERSONAL PROPERTY BY AFFIDAVIT AND

SUMMARY ADMINISTRATION PROCEDURE FOR SMALL ESTATES

 

560:3-1201 Collection of personal property by affidavit. (a) Any person indebted to the decedent or having possession of tangible personal property or an instrument evidencing a debt, obligation, stock, chose in action, or other intangible personal property belonging to the decedent shall make payment of the indebtedness or deliver the tangible personal property or an instrument evidencing the debt, obligation, stock, chose in action, or other intangible personal property to a person or persons claimed to be the successor or successors of the decedent or to the department of human services where the department has a claim against the estate pursuant to section 346-15 or 346-37, upon being presented a death certificate for the decedent and an affidavit made by or on behalf of the claimed successor or successors or the department of human services stating that:

(1) The gross value of the decedent's estate in this State does not exceed $100,000; except that any motor vehicles registered in the decedent's name may be transferred regardless of value pursuant to this section;

(2) No application or petition for the appointment of a personal representative is pending or has been granted in this State; and

(3) (A) The claimed successor or successors are entitled to the property and explaining the relationship of the claimed successor or successors to the decedent; or

(B) The department of human services has a claim against the estate pursuant to section 346-15 or 346-37.

The affidavit of the department of human services shall have priority over any other claim presented pursuant to this section.

(b) Upon presentation of an affidavit meeting the requirements of subsection (a), any person having legal authority to issue a certificate or other evidence of ownership of tangible personal property or a debt, obligation, stock, chose in action, or other intangible personal property belonging to the decedent shall change the registered ownership of the decedent's interest in the property from the decedent to the decedent's claimed successor or successors and shall issue a certificate or other document evidencing the ownership of the property by the decedent's claimed successor or successors. [L 1996, c 288, pt of 1; am L 2000, c 48, 6 and c 102, 3]

 

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