15-12-1409. Collection of estate tax by fiduciary

15-12-1409. Collection of estate tax by fiduciary. (1) A fiduciary responsible for payment of an estate tax may collect from any person the tax apportioned to and the tax required to be advanced by that person. (2) Except as otherwise provided for in section 15-12-1406, any estate tax due from a person that cannot be collected from that person may be collected by the fiduciary from other persons in the following order of priority: (a) A person having an interest in the apportionable estate that is not exonerated from the tax; (b) Any other person having an interest in the apportionable estate; and (c) A person having an interest in the gross estate. (3) A domiciliary fiduciary may recover from an ancillary personal representative the estate tax apportioned to the property controlled by the ancillary personal representative. (4) The total tax collected from a person pursuant to this part 14 may not exceed the value of that person's interest.