75-3-703 - General duties -- Relation and liability to persons interested in estate -- Standing to sue.
75-3-703. General duties -- Relation and liability to persons interested in estate --Standing to sue.
(1) A personal representative is a fiduciary who shall observe the standard of careapplicable to trustees as described by Section 75-7-902. A personal representative is under aduty to settle and distribute the estate of the decedent in accordance with the terms of anyprobated and effective will and this code and as expeditiously and efficiently as is consistent withthe best interests of the estate. He shall use the authority conferred upon him by this code, theterms of the will, if any, and any order in proceedings to which he is party for the best interests ofsuccessors to the estate.
(2) A personal representative shall not be surcharged for acts of administration ordistribution if the conduct in question was authorized at the time. Subject to other obligations ofadministration, an informally probated will is authority to administer and distribute the estateaccording to its terms. An order of appointment of a personal representative, whether issued ininformal or formal proceedings, is authority to distribute apparently intestate assets to the heirs ofthe decedent if, at the time of distribution, the personal representative is not aware of a pendingtestacy proceeding, a proceeding to vacate an order entered in an earlier testacy proceeding, aformal proceeding questioning his appointment or fitness to continue, or a supervisedadministration proceeding. Nothing in this section affects the duty of the personal representativeto administer and distribute the estate in accordance with the rights of claimants, the survivingspouse, any minor and dependent children, and any pretermitted child of the decedent asdescribed elsewhere in this code.
(3) Except as to proceedings which do not survive the death of the decedent, a personalrepresentative of a decedent domiciled in this state at his death has the same standing to sue andbe sued in the courts of this state and courts of any other jurisdiction as his decedent hadimmediately prior to death.
Amended by Chapter 89, 2004 General Session