Chapter 9 - § 9.9 • SURRENDERING PROPERTY TO FOREIGN REPRESENTATIVE

• Jurisdiction: Colorado

§ 9.9 • SURRENDERING PROPERTY TO FOREIGN REPRESENTATIVE

There is a split of authority on the question of whether a local debtor of a nonresident decedent, or a person in possession of property belonging to a nonresident decedent, in making payment or delivery to the foreign personal representative, is, in the absence of a statute, liable again to a local creditor or to a local personal representative appointed before or after payment or delivery. For many years, Colorado has had a statute that permitted a Colorado debtor or bailee to make delivery of property to the foreign representative and be relieved of his or her obligation in doing so. This statutory provision appears in the Code in slightly different form but to the same general effect.⁴⁶ The Code provides, in brief, that unless a Colorado creditor warns the debtor or bailee to the contrary, after 60 days from the death of the nonresident decedent, he or she may make payment or delivery to the decedent's nonresident representative of the debt or property or of the document that evidences the property, upon proof of appointment (copy of domiciliary letters and bond). Besides the proof of authority, there must be given to the local debtor or bailee an affidavit made by or on behalf of the nonresident representative, stating the date of death of the nonresident decedent, that no Colorado proceeding looking toward...