§ 15-3-910 — PURCHASERS FROM DISTRIBUTEES PROTECTED

Idaho § 15-3-910

• Jurisdiction: Idaho
• Title 15: UNIFORM PROBATE CODE
• Part 9.: SPECIAL PROVISIONS RELATING TO DISTRIBUTION
• Ch. 3: PROBATE OF WILLS AND ADMINISTRATION

Text

If property distributed in kind or a security interest therein is acquired for value by a purchaser from, or lender to, a distributee who has received an instrument or deed of distribution from the personal representative, or is so acquired by a purchaser from or lender to a transferee from such distributee, the purchaser or lender takes title free of rights of any interested person in the estate and incurs no personal liability to the estate, or to any interested person, whether or not the distribution was proper or supported by court order and whether or not the authority of the personal representative was terminated prior to execution of the instrument or deed. This section protects a purchaser from or lender to a distributee who, as personal representative, has executed a deed of distribution to himself, as well as a purchaser from or lender to any other distributee or his transferee. To be protected under this provision, a purchaser or lender need not inquire whether a personal representative acted properly in making the distribution in kind, even if the personal representative and the distributee are the same person, or whether the authority of the personal representative had terminated prior to the distribution. Any recorded instrument described in this section shall be prima facie evidence that such transfer was made for value.

Legislative History

[I.C., sec. 15-3-910, as added by 1971, ch. 111, sec. 1, p. 233; am. 1978, ch. 350, sec. 14, p. 922.]