Section 1309. General provisions 1  


Latest version.
  • The use of this article in the settlement of a small estate without
      the formality of court administration is permissive and not mandatory.
        2.  As  a  matter  of  comity  a  debtor, transfer agent, safe deposit
      company, bank, trust company or person in this  state  holding  personal
      property  of  a non-domiciliary decedent, may recognize a certified copy
      of an affidavit or of a short certificate of  a  judge  or  clerk  of  a
      probate  court  made under a statute of another state, providing for the
      settlement of small estates without administration, for the  purpose  of
      collecting  or  obtaining  possession  of  an asset of a decedent in his
      state, provided that debtors, transfer agents, safe  deposit  companies,
      banks,  trust  companies or persons in such other state holding personal
      property of a domiciliary decedent shall, whether pursuant to statute or
      otherwise, recognize and pay or transfer his personal property  pursuant
      to a short certificate of the court made under this article.
        3. A debtor, transfer agent, safe deposit company, bank, trust company
      or person of another state, shall not be liable to any person in respect
      of  any  payment,  transfer  or  delivery of personal property made to a
      voluntary administrator pursuant to such short certificate.
        4. As used in this section, the word "state" means any  state  of  the
      United  States,  the  District  of  Columbia, the Commonwealth of Puerto
      Rico, and the territories and possessions of the United States.