N.Y. EPT Law § 11-4.7 — New York Code / Act EPT / Article 11 / Part 4 / Section 11-4.7
Liability of the personal representative for claims arising out
Status: in_force

§ 11-4.7 Liability of the personal representative for claims arising out\n           of the administration of the estate\n  (a) Unless otherwise provided in the contract, a personal\nrepresentative is not individually liable on a contract properly entered\ninto in his fiduciary capacity in the course of administration of the\nestate unless he fails to reveal his representative capacity and\nidentify the estate or trust in the contract.\n  (b) A personal representative is individually liable for obligations\narising from ownership or control of the estate or for torts committed\nin the course of administration of the estate only if he failed to\nexercise reasonable care, diligence and prudence.\n  (c) Claims based on contracts entered into by a personal\nrepresentative in his fiduciary capacity, on obligations arising from\nownership or control of the estate or on torts committed in the course\nof estate administration may be asserted against the estate by\nproceeding against the personal representative in his fiduciary\ncapacity, whether or not the personal representative is individually\nliable therefor.\n  (d) In any case where liability is found against the estate as the\nresult of an action or proceeding brought under subdivision (c), issues\nof liability as between the estate and the personal representative shall\nbe determined in an accounting proceeding brought pursuant to section\ntwenty-two hundred five of the surrogate's court procedure act.\n  (e)(1) For the purposes of this paragraph: (i) the term "act" shall\nmean the federal air transportation safety and system stabilization act,\npublic law 107-42, as amended; (ii) the term "fund" shall mean the\nSeptember eleventh victim compensation fund of two thousand one\nestablished pursuant to title IV of the act; and (iii) the term\n"personal representative" shall have the same meaning as that term has\npursuant to section 104.4 of title twenty-eight of the code of federal\nregulations.\n  (2) Notwithstanding any other provision of law to the contrary, any\nperson who serves as the personal representative of a victim of the\nterrorist attacks on September eleventh, two thousand one, and who files\na claim with the fund, shall have no liability to any person resulting\nfrom any actions taken reasonably and in good faith under the act,\nincluding but not limited to: (i) the submission or prosecution of a\nclaim to the fund; (ii) a decision not to submit such a claim, or to\nwithdraw a claim previously submitted; (iii) the waiver pursuant to the\nact of the right to file a civil action (or to be a party to an action)\nin any federal or state court for damages sustained as a result of the\nterrorist attacks; (iv) the failure to identify or locate any person\ndesignated for receipt of notice under subdivision (b) of section 104.4\nof title twenty-eight of the code of federal regulations, provided that\nthe personal representative made a reasonable and good faith effort to\nidentify and locate such person; or (v) the payment or distribution of\nany award received from the fund in accordance with any plan of\ndistribution that has been submitted to and approved by the special\nmaster appointed under the act.\n  (3) Notwithstanding any other provision of law to the contrary, or any\nrestrictions set forth in letters relating to any decedent who is a\nvictim of the terrorist attacks on September eleventh, two thousand one,\na duly appointed personal representative is authorized to file and\nprosecute a claim with the fund, and the filing of such a claim for an\naward from the fund, and the resulting compromise of any cause of action\npursuant to the act, shall not violate any restriction on the powers\ngranted to the personal representative relating to the prosecution or\ncompromise of any action, the collection of any settlement, or the\nenforcement of any judgment.\n