75-3-912 - Private agreements among successors to decedent binding on personal representative.
75-3-912. Private agreements among successors to decedent binding on personalrepresentative.
Subject to the rights of creditors and taxing authorities, competent successors may agreeamong themselves to alter the interests, shares, or amounts to which they are entitled under thewill of the decedent, or under the laws of intestacy, in any way that they provide in a writtencontract executed by all who are affected by its provisions. The personal representative shallabide by the terms of the agreement, subject to his obligation to administer the estate for thebenefit of creditors, to pay all taxes and costs of administration, and to carry out theresponsibilities of his office for the benefit of any successors of the decedent who are not parties.Personal representatives of decedents' estates are not required to see to the performance of trustsif the trustee thereof is another person who is willing to accept the trust. Accordingly, trustees ofa testamentary trust are successors for the purposes of this section. Nothing contained in thissection relieves trustees of any duties owed to beneficiaries of trusts.
Enacted by Chapter 150, 1975 General Session