15-3-713. SALE, ENCUMBRANCE OR TRANSACTION INVOLVING CONFLICT OF INTEREST — VOIDABLE — EXCEPTIONS. Any sale or encumbrance to the personal representative, his spouse, agent or attorney, or any corporation or trust in which he has a substantial beneficial interest, or any transaction which is affected by a substantial conflict of interest on the part of the personal representative, is voidable by any person interested in the estate except one (1) who has consented after fair disclosure, unless:
(a) the will or a contract entered into by the decedent expressly authorized the transaction; or
(b) the transaction is approved by the court after notice to interested persons.
History:
[I.C., sec. 15-3-713, 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.