§560:3-709  Duty of personal
representative; possession of estate.  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 thereto unless or until, in the judgment of the personal
representative, possession of the property 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 thereof, 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 the title thereto. [L 1996, c 288, pt of §1]