75-3-808. Individual liability of personal representative.
(1) Unless otherwise provided in the contract, a personal representative is not individually
liable on a contract properly entered into in his fiduciary capacity in the course of administration
of the estate unless he fails to reveal his representative capacity and identify the estate in the
contract.
(2) A personal representative is individually liable for obligations arising from ownership
or control of the estate or for torts committed in the course of administration of the estate only if
he is personally at fault.
(3) Claims based on contracts entered into by a personal representative in his fiduciary
capacity, on obligations arising from ownership or control of the estate, or on torts committed in
the course of estate administration may be asserted against the estate by proceeding against the
personal representative in his fiduciary capacity, whether or not the personal representative is
individually liable therefor.
(4) Issues of liability as between the estate and the personal representative individually
may be determined in a proceeding for accounting, surcharge, or indemnification or other
appropriate proceeding.
Enacted by Chapter 150, 1975 General Session
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Last revised: Thursday, May 28, 2009