CHAPTER 16
Settlement of Estates of Limited Value
§ 1941. Complaints for transfer of decedent's personalty to beneficiaries and creditors; when authorized.
§ 1942. Same; contents.
§ 1943. Order of transfer, procedure of transfer withheld.
§ 1944. Procedure if debts exceed value of assets.
§ 1945. Responsibility of transferee.
§ 1941. Complaints for transfer of decedent. s personalty to
beneficiaries and creditors; when authorized.
When a decedent leaves personal property, including but not limited to cash, bank or other accounts, wages or salary due, shares of stock or other interest in any business enterprise, and goods and chattels of any nature, of a total value not exceeding one thousand dollars, and known debts, if any, of less than that amount, and the person or persons entitled to the personal property left by the decedent the person or persons entitled to the personal property left by the decedent cannot readily obtain possession thereof, the surviving spouse, any adult child, including an adopted child, either parent, any brother or sister, the eldest brother of decedent's mother, or the head of the lineage of the decedent may file or, a sworn complaint in the trial division of the Chuuk State Court high court or the district court or, if the total value of the personal property does not exceed one hundred dollars, in the community court, within whose jurisdiction the decedent resided at the time of his death if he was a resident of the State of Chuuk Trust Territory, or within whose jurisdiction all or part of the personal property is located if decedent was not a resident of the State of Chuuk Trust Territory, asking the issuance of an order that such personal property be transferred to the complainant. If none of the persons named in this section file such complaint within 90 ninety days of the death of the decedent, then any creditor of the decedent may file a sworn complaint as set forth herein.
Source: (TT Code 1966, § 343(a).) 13 TTC § 51, modified.
Such sworn complaint shall set forth the name, residence and date of death of the decedent, and the names and addresses of the surviving spouse, children, brothers, and sisters of the decedent, and the
eldest living brother of decedent's mother or, if none of the above persons
survived the decedent, the name, address, and relationship of the nearest
surviving relative. The complaint shall also state the total value
of the personal property, and the property, if any, that passed or is to
pass under such will, and to whom it went or is to go, and shall contain
the promise of the complainant to pay, as far as the assets of the estate
permit, the debts of the decedent, or to see that the said debts are paid
by someone authorized by local custom, and to distribute the balance, if
any, to the person or persons entitled thereto.
Source: (TT Code 1966, § 343(b).) 13 TTC §
52.
Upon the filing of such complaint, if
it appears to the court that the ends of justice will be served, the court
may issue an order, either without notice or after such notice as it deems
proper, directing the transfer of the personal property to the
complainant, or to such other person as the court deems proper, directing
that the transferee pay, as far as the assets of the estate permit, the
debts of the decedent, or see that they are paid, and then distribute the
balance, if any, to the person or persons entitled thereto. Whoever
transfers money or other property to the complainant, or to any other
person appointed by the court as set forth above, shall incur no liability
thereby, nor shall such person thereafter be held to account for the same
to any person. Any person upon whom demand is made to transfer money
or other property under the terms of such order who denies the right of
the complainant or other transferee to receive the same shall, within ten
days of the demand being made upon him to transfer such money or other
property, file his answer in the same court that issued the order, setting
forth the grounds that entitle him to retain possession thereof.
Upon the filing of such answer, the court shall, after notice to the
complainant or other transferee, set the matter down for hearing and make
such finding and enter such further order as the ends of justice
require.
Source: (TT Code 1966, § 343(c).) 13 TTC § 53.
If the transferee finds, after the
receipt of the personal property under such order of transfer, that the
debts of decedent to in fact exceed the value of the property received, he
shall make no further distribution of the same, but shall at once report
the facts to the court that issued the order, setting forth the money and
other personal property received, the disbursements he has already made,
the names and addresses of the recipients of the property already
disbursed and the reason therefor, and shall list all known debts of
decedent, including those that have recently come to the transferee's
attention. The transferee shall take no further action save by order
of the court.
Source: (TT Code 1966, § 343(d).) 13 TTC § 54.
The transferee shall be personally
responsible for any property by him under any order issued pursuant to
this chapter, and any parry claiming an action against the transferee;
provided, that no such action shall be brought against the transferee
after two years from the date of the order under which the property was
transferred to him.
Source: (TT Code 1966, § 343(e).) 13 TTC § 55.