NY Est Pow & Trusts L § 11-4.7 (2021)
2021 New York Laws EPT - Estates, Powers and Trusts Article 11 - Fiduciary: Powers, Duties and Limitations; Actions by or Against in Representative or Individual Capacities Part 4 - Procedural Aspects of Actions by or Against Personal Representatives 11-4.7 - Liability of the Personal Representative for Claims Arising Out of the Administration of the Estate

§ 11-4.7 Liability of the personal representative for claims arising out            of the administration of the estate  (a)   Unless   otherwise   provided   in   the  contract,  a  personal representative is not individually liable on a contract properly entered into in his fiduciary capacity in the course of  administration  of  the estate  unless  he  fails  to  reveal  his  representative  capacity and identify the estate or trust in the contract.  (b) 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  he  failed  to exercise reasonable care, diligence and prudence.  (c)   Claims   based   on   contracts   entered  into  by  a  personal representative in his 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  his  fiduciary capacity, whether or not the  personal  representative  is  individually liable therefor.  (d)  In  any  case  where liability is found against the estate as the result of an action or proceeding brought under subdivision (c),  issues of liability as between the estate and the personal representative shall be  determined  in  an accounting proceeding brought pursuant to section twenty-two hundred five of the surrogate's court procedure act.  (e)(1) For the purposes of this paragraph: (i) the  term  "act"  shall mean the federal air transportation safety and system stabilization act, public  law  107-42,  as  amended;  (ii)  the term "fund" shall mean the September  eleventh  victim  compensation  fund  of  two  thousand   one established  pursuant  to  title  IV  of  the  act;  and  (iii) the term "personal representative" shall have the same meaning as that  term  has pursuant  to  section 104.4 of title twenty-eight of the code of federal regulations.  (2) Notwithstanding any other provision of law to  the  contrary,  any person  who  serves  as  the  personal representative of a victim of the terrorist attacks on September eleventh, two thousand one, and who files a claim with the fund, shall have no liability to any  person  resulting from  any  actions  taken  reasonably  and  in good faith under the act, including but not limited to: (i) the submission  or  prosecution  of  a claim  to  the  fund;  (ii) a decision not to submit such a claim, or to withdraw a claim previously submitted; (iii) the waiver pursuant to  the act  of the right to file a civil action (or to be a party to an action) in any federal or state court for damages sustained as a result  of  the terrorist  attacks;  (iv)  the  failure to identify or locate any person designated for receipt of notice under subdivision (b) of section  104.4 of  title twenty-eight of the code of federal regulations, provided that the personal representative made a reasonable and good faith  effort  to identify  and  locate such person; or (v) the payment or distribution of any award received  from  the  fund  in  accordance  with  any  plan  of distribution  that  has  been  submitted  to and approved by the special master appointed under the act.  (3) Notwithstanding any other provision of law to the contrary, or any restrictions set forth in letters relating to any decedent who dies as a result of wounds or injury incurred as a result of the terrorist attacks on September eleventh, two  thousand  one,  a  duly  appointed  personal representative  is  authorized  to  file  and prosecute a claim with the fund, and the filing of such a claim for an award from the fund, and the resulting compromise of any cause of action pursuant to the  act,  shall not  violate  any  restriction  on  the  powers  granted to the personal  representative relating to the prosecution or compromise of any  action, the collection of any settlement, or the enforcement of any judgment.