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Where a non-resident decedent owned property
located in Pennsylvania, the personal representative appointed in
the jurisdiction of decedent's domicile may obtain authority to
exercise the powers of a fiduciary in the Commonwealth of Pennsylvania
under Chapter 41 of the PEF Code. In order to qualify under Chapter
41, the foreign fiduciary must file (1) an exemplified copy of the
probate proceeding pertaining to his appointment; and (2) an affidavit
on a form supplied by the Register (Appendix A, Form No. 10) stating
that the decedent was not indebted to any person in Pennsylvania,
and that the foreign fiduciary will not exercise any power which
he would not be permitted to exercise in the jurisdiction of the
original appointment. The Register will issue short certificates
evidencing the authority of the foreign fiduciary to act.
Where the foreign fiduciary cannot qualify or
does not deem it desirable to qualify under Chapter 41, Ancillary
Letters Testamentary or Ancillary Letters of Administration may
be obtained. The procedure for obtaining Ancillary Letters is similar
to the procedure for obtaining Letters Testamentary or Letters of
Administration. If the original Will has already been offered for
probate in a foreign jurisdiction, the Register will accept an exemplified
copy of the Will and the appearance of the witnesses is unnecessary.
If it is inconvenient for the foreign fiduciary to appear before
the Register, the Register may be requested to issue a commission
directed to a counterpart in the foreign jurisdiction to complete
the probate proceedings. To obtain Ancillary Letters, the applicant
should use the normal forms for the Petitions for Grant of Letters
modified to indicate that Ancillary Letters are requested.
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