15-3-703. GENERAL DUTIES — RELATION AND LIABILITY TO PERSONS INTERESTED IN ESTATE — STANDING TO SUE. (a) A personal representative is a fiduciary who shall observe the standards of care applicable to trustees as described by section 15-7-302 of this code. A personal representative is under a duty to settle and distribute the estate of the decedent in accordance with the terms of any probated and effective will and this code, and as expeditiously and efficiently as is consistent with the best interests of the estate. He shall use the authority conferred upon him by this code, the terms of the will, if any, and any order in proceedings to which he is party for the best interests of successors to the estate.
(b) A personal representative shall not be surcharged for acts of administration or distribution if the conduct in question was authorized at the time. Subject to other obligations of administration, an informally probated will is authority to administer and distribute the estate according to its terms. An order of appointment of a personal representative, whether issued in informal or formal proceedings, is authority to distribute apparently intestate assets to the heirs of the decedent if, at the time of distribution, the personal representative is not aware of a pending testacy proceeding, a proceeding to vacate an order entered in an earlier testacy proceeding, a formal proceeding questioning his appointment or fitness to continue, or a supervised administration proceeding. Nothing in this section affects the duty of the personal representative to administer and distribute the estate in accordance with the rights of claimants, the surviving spouse, any minor and dependent children and any pretermitted child of the decedent as described elsewhere in this code.
(c) Except as to proceedings which do not survive the death of the decedent, a personal representative of a decedent domiciled in this state at his death has the same standing to sue and be sued in the courts of this state and the courts of any other jurisdiction as his decedent had immediately prior to death.
History:
[I.C., sec. 15-3-703, as added by 1971, ch. 111, sec. 1, p. 233.]
Structure Idaho Code
Title 15 - UNIFORM PROBATE CODE
Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION
Part 7 - DUTIES AND POWERS OF PERSONAL REPRESENTATIVES
Section 15-3-701 - TIME OF ACCRUAL OF DUTIES AND POWERS.
Section 15-3-702 - PRIORITY AMONG DIFFERENT LETTERS.
Section 15-3-704 - PERSONAL REPRESENTATIVE TO PROCEED WITHOUT COURT ORDER — EXCEPTION.
Section 15-3-705 - DUTY OF PERSONAL REPRESENTATIVE — INFORMATION TO HEIRS AND DEVISEES.
Section 15-3-706 - DUTY OF PERSONAL REPRESENTATIVE — INVENTORY AND APPRAISEMENT.
Section 15-3-707 - EMPLOYMENT OF APPRAISERS.
Section 15-3-708 - DUTY OF PERSONAL REPRESENTATIVE — SUPPLEMENTARY INVENTORY.
Section 15-3-709 - DUTY OF PERSONAL REPRESENTATIVE — POSSESSION OF ESTATE.
Section 15-3-710 - POWER TO AVOID TRANSFERS.
Section 15-3-711 - POWERS OF PERSONAL REPRESENTATIVES — IN GENERAL.
Section 15-3-712 - IMPROPER EXERCISE OF POWER — BREACH OF FIDUCIARY DUTY.
Section 15-3-714 - PERSONS DEALING WITH PERSONAL REPRESENTATIVE — PROTECTION.
Section 15-3-715 - TRANSACTIONS AUTHORIZED FOR PERSONAL REPRESENTATIVES — EXCEPTIONS.
Section 15-3-716 - POWERS AND DUTIES OF SUCCESSOR PERSONAL REPRESENTATIVE.
Section 15-3-717 - COREPRESENTATIVES — WHEN JOINT ACTION REQUIRED.
Section 15-3-718 - POWERS OF SURVIVING PERSONAL REPRESENTATIVE.
Section 15-3-719 - COMPENSATION OF PERSONAL REPRESENTATIVE.