§3-1201. Collection of personal property by affidavit
1.
Affidavit; duty to deliver property.
Thirty days after the death of a decedent, any person indebted to the decedent or having possession of personal property or an instrument evidencing a debt, obligation, stock or chose in action belonging to the decedent shall make payment of the indebtedness or deliver the personal property or an instrument evidencing a debt, obligation, stock or chose in action to a person claiming to be the successor of the decedent upon being presented an affidavit made by or on behalf of the successor stating that:
A.
The value of the entire estate, wherever located, less liens and encumbrances, does not exceed $40,000, adjusted for inflation pursuant to section 1‑108;
[PL 2025, c. 76, §1 (AMD).]
B.
Thirty days have elapsed since the death of the decedent;
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
C.
No application or petition for the appointment of a personal representative is pending or has been granted in any jurisdiction; and
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
D.
The claiming successor is entitled to payment or delivery of the property.
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
[PL 2025, c. 76, §1 (AMD).]
2.
Securities.
A transfer agent of any security shall change the registered ownership on the books of a corporation from the decedent to the successor or successors upon the presentation of an affidavit as provided in subsection 1.
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
3.
Publication.
A county probate court shall annually publish on the court's publicly accessible website the value described in subsection 1, paragraph A, including the adjustment for inflation.
[PL 2025, c. 76, §2 (NEW).]
SECTION HISTORY
PL 2017, c. 402, Pt. A, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF). PL 2025, c. 76, §§1, 2 (AMD).