15-3-713 SALE, ENCUMBRANCE OR TRANSACTION INVOLVING CONFLICT OF INTEREST -- VOIDABLE -- EXCEPTIONS.
UNIFORM PROBATE CODE
CHAPTER 3
PROBATE OF WILLS AND ADMINISTRATION
PART 7.
DUTIES AND POWERS OF PERSONAL REPRESENTATIVES
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.