14-3709

14-3709. Duty of personal representative;
possession of estate; discovery of concealed assets

A. Except as otherwise provided by a decedent's will, every personal representative
has a right to, and shall take possession or control of, the decedent's property, except
that any real property or tangible personal property may be left with or surrendered to
the person presumptively entitled to it unless or until, in the judgment of the personal
representative, possession of the property by the personal representative will be
necessary for purposes of administration. The request by a personal representative for
delivery of any property possessed by an heir or devisee is conclusive evidence, in any
action against the heir or devisee for possession of the property, that the possession of
the property by the personal representative is necessary for purposes of
administration. The personal representative shall pay taxes on, and take all steps
reasonably necessary for the management, protection and preservation of, the estate in
the personal representative's possession. The personal representative may maintain an
action to recover possession of property or to determine its title.

B. If the personal representative or other person interested in the estate of a
decedent complains to the court, on oath, that a person is suspected of having concealed,
embezzled, conveyed or disposed of any property of a decedent, or possesses or has
knowledge of deeds, bonds, contracts or other writings which contain evidence of or tend
to disclose the right, interest or claim of a decedent to any property, or the will of a
decedent, the court may cite that person to appear before the court and may examine that
person on oath on the complaint. If that person is not in the county where letters have
been issued, the person may be cited and examined before the court in the county where
the person is found or the court issuing the citation. If the person appears and the
court determines that the claim is unfounded, the court shall allow that person necessary
expenses out of the estate.

C. If the person cited as provided by subsection B refuses to appear and submit to
an examination, or to answer questions relevant to the complaint, the court may commit
that person to jail until the person submits to the order of the court or is discharged
according to law.

D. If on examination or from other evidence adduced at the hearing it appears that
a person has concealed, embezzled, conveyed or disposed of any property of a decedent,
or possesses or has knowledge of deeds, bonds, contracts or other writings tending to
disclose the right, interest or claim of a decedent to any property, or the will of a
decedent, the court may order that person to turn over the documents or disclose
knowledge to the personal representative and may commit the person cited to jail until
the order is complied with or the person is discharged according to law. The examination
shall be reduced to writing and filed in court. The order for the disclosure made on
this examination is prima facie evidence of the right of the personal representative to
the property in an action brought for recovery of that property, and a judgment shall be
for double the value of the property, or for return of the property and damages in
addition to the property equal to the value of the property. The court may also award
reasonable attorney fees and costs.