A person acting in the decedent's domicile as executor or
administrator or to administer the decedent's estate in accordance with
the law thereof may by an acknowledged instrument designate and
authorize the appointment of a person eligible to receive letters to act
as ancillary administrator or ancillary administrator c.t.a. If
conflicting designations or joint plural designations are made or if two
or more persons are entitled jointly to letters under this article the
court may appoint one or more of the persons so designated or one or
more of the persons so entitled.
2. A person to whom ancillary letters are issued must qualify in the
same manner as prescribed in this act for the qualification of a
fiduciary except that the penalty of the bond may be in such sum as to
the court seems just, unless the will dispenses with the filing of a
bond by the fiduciary named therein, in which case the court may
dispense with the filing of a bond by the fiduciary so named.
3. In any case where the court is satisfied that there is no creditor
of the decedent who is a domiciliary of this state and that no estate
tax is assessable in this state, ancillary letters may issue without
bond. Before issuing such letters without bond, however, the court may
require that supplemental process issue, directed generally to all
creditors or persons claiming to be creditors who are domiciled in this
state and that it be served by publication unless such process had
theretofore been served in the proceeding.
4. All of the provisions of this act relating to eligibility to
receive letters shall be applicable to appointments made under this
5. Before granting ancillary letters on any application therefor the
court may require the petitioner or any other person seeking such
letters to serve by mail a written notice of the application upon every
domiciliary beneficiary who has not been served with process or has not
appeared in the proceeding for ancillary letters or waived service of
process therein. Such notice shall be in the form prescribed in 1005 if
the application be for ancillary letters of administration or in the
form prescribed in 1409 if the application be for ancillary letters
testamentary or ancillary letters of administration c.t.a. and shall be
served in accordance with the applicable section.
6. Any corporate banking institution of any state of the United
States, the Commonwealth of Puerto Rico, territory or possession of the
United States not entitled of right under the banking law to receive
such letters may nevertheless be authorized by the court to receive such
letters upon filing such bond as the court may require.