A person who, in good faith, either assists a personal representative or deals with the personal representative for value is protected as if the personal representative properly exercised the power. The fact that a person knowingly deals with a personal representative does not alone require the person to inquire into the existence of a power or the propriety of its exercise. Except for restrictions on powers of personal representatives which are endorsed on the letters, no provision in any will or order of court purporting to limit the power of a personal representative is effective except as to persons with actual knowledge thereof. A person is not bound to see to the proper application of estate assets paid or delivered to a personal representative. The protection here expressed extends to instances in which some procedural irregularity or jurisdictional defect occurred in proceedings leading to the issuance of letters, including a case in which the alleged decedent is found to be alive. The protection here expressed is not by substitution for that provided by comparable provisions of the laws relating to commercial transactions and laws simplifying transfers of securities by fiduciaries.
Structure Code of Alabama
Title 43 - Wills and Decedents' Estates.
Chapter 2 - Administration of Estates.
Article 20 - Probate Procedure Act.
Section 43-2-830 - Devolution of Estate at Death; Restrictions.
Section 43-2-831 - Time of Accrual of Duties and Powers.
Section 43-2-832 - Priority Among Different Letters.
Section 43-2-834 - Personal Representative to Proceed Without Court Order; Exception.
Section 43-2-835 - Duty of Personal Representative; Inventory and Appraisement.
Section 43-2-836 - Duty of Personal Representative; Supplementary Inventory.
Section 43-2-837 - Duty of Personal Representative; Possession of Estate.
Section 43-2-838 - Power to Avoid Transfers.
Section 43-2-839 - Powers of Personal Representatives; in General.
Section 43-2-840 - Improper Exercise of Power; Breach of Fiduciary Duty.
Section 43-2-842 - Persons Dealing With Personal Representative; Protection.
Section 43-2-843 - Transactions Authorized for Personal Representatives; Exceptions.
Section 43-2-844 - Transactions Authorized for Personal Representatives; Prior Court Approval.
Section 43-2-845 - Powers and Duties of Successor Personal Representative.
Section 43-2-846 - Co-Representatives; When Joint Action Required.
Section 43-2-847 - Powers of Surviving Personal Representative.
Section 43-2-848 - Compensation of Personal Representative.
Section 43-2-849 - Expenses in Estate Litigation.
Section 43-2-852 - Terms and Requirements of Bonds.