Removal of assets to domiciliary jurisdiction

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  1. (a) Petition. Prior to the final disposition of the ancillary estate under § 28-42-109 and upon giving such notice as the court may direct, the foreign personal representative may apply for leave to remove all or any part of the assets from this state to the domiciliary jurisdiction for the purpose of administration and distribution.

  2. (b) Order.

    1. (1) Before granting the petition, the court shall inquire into the sufficiency of the bond given pursuant to the provisions of § 28-42-103 and shall direct the furnishing of an additional bond if required for the protection of the estate or interested persons.

    2. (2) The court, in its discretion, may grant, deny, or postpone action on the petition.

    3. (3) The granting of the petition shall not terminate the ancillary administration.


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