§ 20-743.01 — Sale, encumbrance, or transaction involving conflict of interest; voidable; exceptions.

District of Columbia § 20-743.01

• Jurisdiction: District of Columbia
• Title 20: Probate and Administration of Decedents’ Estates. [Enacted title]
• Ch. 7: Administration of the Estate.
• Subch. V: Powers of Personal Representative.

Text

Any sale, lease, or encumbrance to the personal representative, the personal representative’s spouse, agent or attorney, or any corporation, trust, or other entity in which such individual has a substantial beneficial interest, or any other transaction which is affected by a substantial conflict of interest on the part of the personal representative, may be set aside by the Court in proceedings initiated by any interested person except one who has consented after fair disclosure (and any person or entity claiming by or through such interested person) unless:

(1) the will authorized such dealings with the personal representative, either generally or with regard to a specific transaction or type of transaction;

(2) a contract entered into by the decedent authorized such a transaction; or

(3) the transaction is approved by the Court after notice to the interested persons.

Legislative History

Mar. 21, 1995, D.C. Law 10-241, § 3(bbb), 42 DCR 63