14-3815. 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 in another jurisdiction 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.
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