§ 15-12-714 — Persons dealing with personal representative - protection

(1) A
person who in good faith either assists a personal representative or deals with him
for value is protected as if the personal representative properly exercised his
power. The fact that a person knowingly deals with a personal representative does
not alone require the person to inquire into the existence of a power or the propriety
of its exercise. Except for restrictions on powers of supervised personal
representatives which are endorsed on letters as provided in section 15-12-504, no
provision in any will or order of court purporting to limit the power of a personal
representative is effective, except as to persons with actual knowledge thereof. A
person is not bound to see to the proper application of estate assets paid or
delivered to a personal representative. The protection here expressed extends to
instances in which some procedural irregularity or jurisdictional defect occurred in
proceedings leading to the issuance of letters, including a case in which the alleged
decedent is found to be alive. The protection here expressed is not by substitution
for that provided by comparable provisions of the laws relating to commercial
transactions and laws simplifying transfers of securities by fiduciaries.

(2) For purposes of this section, any recorded instrument evidencing a
transaction with a personal representative on which a state documentary fee is
noted pursuant to section 39-13-103, C.R.S., shall be prima facie evidence that such
transaction was made for value.

Legislative History

Source: L. 73: R&RE, p. 1590, � 1. C.R.S. 1963: � 153-3-714. L. 75: Entire section amended, p. 596, � 30, effective July 1.