2-10-109. Institution of actions or proceedings to recover tax; actions by nonresidents.
(a) Subject to the conditions in subsection (b) of this section a fiduciary acting in another state or a person required to pay the tax resident in another state may institute an action in the courts of this state and may recover a proportionate amount of the federal estate tax, of an estate tax payable to another state or of a death duty due by a decedent's estate to another state from a person interested in the estate who is either resident in this state or who owns property in this state subject to attachment or execution. For the purposes of the action the determination of apportionment by the court having jurisdiction of the administration of the decedent's estate in the other state shall be prima facie correct.
(b) The provisions of subsection (a) of this section shall apply only:
(i) If such other state affords a remedy substantially similar to that afforded in subsection (a) of this section;
(ii) With respect to federal estate tax, if apportionment thereof is authorized by congress.
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