North Dakota § 30.1-19-08 (3-808) Individual liability of personal representative

North Dakota Statutes

§ 30.1-19-08 — (3-808) Individual liability of personal representative

North Dakota·Title 30.1 Uniform Probate Code·Ch. 30.1-19 Creditors' Claims

1.Unless otherwise provided in the contract, a personal representative is not individually liable on a contract properly entered into in the personal representative's fiduciary capacity in the course of administration of the estate unless the personal representative fails to reveal the personal representative's representative capacity and identify the estate in the contract.

2.A personal representative is individually liable for obligations arising from ownership or control of the estate or for torts committed in the course of administration of the estate only if the personal representative is personally at fault.

3.Claims based on contracts entered into by a personal representative in the personal representative's fiduciary capacity, on obligations arising from ownership or control of

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1. Unless otherwise provided in the contract, a personal representative is not individually
liable on a contract properly entered into in the personal representative's fiduciary

capacity in the course of administration of the estate unless the personal
representative fails to reveal the personal representative's representative capacity and
identify the estate in the contract.
2. A personal representative is individually liable for obligations arising from ownership or
control of the estate or for torts committed in the course of administration of the estate
only if the personal representative is personally at fault.
3. Claims based on contracts entered into by a personal representative in the personal
representative's fiduciary capacity, on obligations arising from ownership or control of
the estate or on torts committed in the course of estate administration, may be
asserted against the estate by proceeding against the personal representative in the
personal representative's fiduciary capacity, whether or not the personal representative
is individually liable therefor.
4. Issues of liability as between the estate and the personal representative individually
may be determined in a proceeding for accounting, surcharge or indemnification, or
other appropriate proceeding.

North Dakota § 30.1-19-08 ((3-808) Individual liability of personal representative) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.