reglab/housing_qa huggingface dataset:
ID Code § 15-3-703 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION|Part 7 - DUTIES AND POWERS OF PERSONAL REPRESENTATIVES|Section 15-3-703 - GENERAL DUTIES — RELATION AND LIABILITY TO PERSONS INTERESTED IN ESTATE — STANDING TO SUE.

15-3-703. GENERAL DUTIES — RELATION AND LIABILITY TO PERSONS INTERESTED IN ESTATE — STANDING TO SUE. (a) A personal representative is a fiduciary who shall observe the standards of care applicable to trustees as described by section 15-7-302 of this code. A personal representative is under a duty to settle and distribute the estate of the decedent in accordance with the terms of any probated and effective will and this code, and as expeditiously and efficiently as is consistent with the best interests of the estate. He shall use the authority conferred upon him by this code, the terms of the will, if any, and any order in proceedings to which he is party for the best interests of successors to the estate. (b) A personal representative shall not be surcharged for acts of administration or distribution if the conduct in question was authorized at the time. Subject to other obligations of administration, an informally probated will is authority to administer and distribute the estate according to its terms. An order of appointment of a personal representative, whether issued in informal or formal proceedings, is authority to distribute apparently intestate assets to the heirs of the decedent if, at the time of distribution, the personal representative is not aware of a pending testacy proceeding, a proceeding to vacate an order entered in an earlier testacy proceeding, a formal proceeding questioning his appointment or fitness to continue, or a supervised administration proceeding. Nothing in this section affects the duty of the personal representative to administer and distribute the estate in accordance with the rights of claimants, the surviving spouse, any minor and dependent children and any pretermitted child of the decedent as described elsewhere in this code. (c) Except as to proceedings which do not survive the death of the decedent, a personal representative of a decedent domiciled in this state at his death has the same standing to sue and be sued in the courts of this state and the courts of any other jurisdiction as his decedent had immediately prior to death.  History: [I.C., sec. 15-3-703, as added by 1971, ch. 111, sec. 1, p. 233.]
ID Code § 15-3-704 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION|Part 7 - DUTIES AND POWERS OF PERSONAL REPRESENTATIVES|Section 15-3-704 - PERSONAL REPRESENTATIVE TO PROCEED WITHOUT COURT ORDER — EXCEPTION.

15-3-704. PERSONAL REPRESENTATIVE TO PROCEED WITHOUT COURT ORDER — EXCEPTION. A personal representative shall proceed expeditiously with the settlement and distribution of a decedent’s estate and, except as otherwise specified or ordered in regard to a supervised personal representative, do so without adjudication, order, or direction of the court, but he may invoke the jurisdiction of the court, in proceedings authorized by this code, to resolve questions concerning the estate or its administration.  History: [I.C., sec. 15-3-704, as added by 1971, ch. 111, sec. 1, p. 233.]
ID Code § 15-3-705 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION|Part 7 - DUTIES AND POWERS OF PERSONAL REPRESENTATIVES|Section 15-3-705 - DUTY OF PERSONAL REPRESENTATIVE — INFORMATION TO HEIRS AND DEVISEES.

15-3-705. DUTY OF PERSONAL REPRESENTATIVE — INFORMATION TO HEIRS AND DEVISEES. Not later than thirty (30) days after his appointment every personal representative, except any special administrator, shall give information of his appointment to the heirs and devisees, including, if there has been no formal testacy proceeding and if the personal representative was appointed on the assumption that the decedent died intestate, the devisees in any will mentioned in the application for appointment of a personal representative. The information shall be delivered or sent by ordinary mail to each of the heirs and devisees whose address is reasonably available to the personal representative. The duty does not extend to require information to persons who have been adjudicated in a prior formal testacy proceeding to have no interest in the estate. The information shall include the name and address of the personal representative, indicate that it is being sent to persons who have or may have some interest in the estate being administered, indicate whether bond has been filed, and describe the court where papers relating to the estate are on file. The personal representative’s failure to give this information is a breach of his duty to the persons concerned but does not affect the validity of his appointment, his powers or other duties. A personal representative may inform other persons of his appointment by delivery or ordinary first class mail.  History: [I.C., sec. 15-3-705, as added by 1971, ch. 111, sec. 1, p. 233.]
ID Code § 15-3-706 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION|Part 7 - DUTIES AND POWERS OF PERSONAL REPRESENTATIVES|Section 15-3-706 - DUTY OF PERSONAL REPRESENTATIVE — INVENTORY AND APPRAISEMENT.

15-3-706. DUTY OF PERSONAL REPRESENTATIVE — INVENTORY AND APPRAISEMENT. Within three (3) months after his appointment, a personal representative, except for a special administrator or a successor to another representative who has previously discharged this duty, shall prepare an inventory of property owned by the decedent at the time of his death, listing it with reasonable detail, and indicating as to each listed item, its fair market value as of the date of the decedent’s death, and the type and amount of any encumbrance that may exist with reference to any item. The personal representative shall send a copy of the inventory to interested persons who request it, and he may file the original of the inventory with the court.  History: [15-3-706, as added by 1971, ch. 111, sec. 1, p. 233; am. 1971, ch. 126, sec. 1, p. 487; am. 1973, ch. 167, sec. 10, p. 319; am. 2004, ch. 55, sec. 2, p. 257.]
ID Code § 15-3-707 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION|Part 7 - DUTIES AND POWERS OF PERSONAL REPRESENTATIVES|Section 15-3-707 - EMPLOYMENT OF APPRAISERS.

15-3-707. EMPLOYMENT OF APPRAISERS. The personal representative may employ a qualified and disinterested appraiser to assist him in ascertaining the fair market value as of the date of the decedent’s death of any asset the value of which may be subject to reasonable doubt. Different persons may be employed to appraise different kinds of assets included in the estate. The names and addresses of any appraiser shall be indicated on the inventory with the item or items he appraised.  History: [I.C., sec. 15-3-707, as added by 1971, ch. 111, sec. 1, p. 233.]
ID Code § 15-3-708 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION|Part 7 - DUTIES AND POWERS OF PERSONAL REPRESENTATIVES|Section 15-3-708 - DUTY OF PERSONAL REPRESENTATIVE — SUPPLEMENTARY INVENTORY.

15-3-708. DUTY OF PERSONAL REPRESENTATIVE — SUPPLEMENTARY INVENTORY. If any property not included in the original inventory comes to the knowledge of a personal representative or if the personal representative learns that the value or description indicated in the original inventory for any item is erroneous or misleading, he shall make a supplementary inventory or appraisement showing the market value as of the date of the decedent’s death of the new item or the revised market value or descriptions, and the appraisers or other data relied upon, if any, and file it with the court if the original inventory was filed, or send copies thereof to the state tax commission and to all interested persons to whom copies of the original inventory were sent pursuant to section 15-3-706, Idaho Code.  History: [I.C., sec. 15-3-708, as added by 1971, ch. 111, sec. 1, p. 233; am. 1973, ch. 167, sec. 11, p. 319.]
ID Code § 15-3-709 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION|Part 7 - DUTIES AND POWERS OF PERSONAL REPRESENTATIVES|Section 15-3-709 - DUTY OF PERSONAL REPRESENTATIVE — POSSESSION OF ESTATE.

15-3-709. DUTY OF PERSONAL REPRESENTATIVE — POSSESSION OF ESTATE. Except as otherwise provided by a decedent’s will, every personal representative has a right to, and shall take possession or control of, the decedent’s property, except that any real property or tangible personal property may be left with or surrendered to the person presumptively entitled thereto unless or until, in the judgment of the personal representative, possession of the property by him will be necessary for purposes of administration. The request by a personal representative for delivery of any property possessed by an heir or devisee is conclusive evidence, in any action against the heir or devisee for possession thereof, that the possession of the property by the personal representative is necessary for purposes of administration. The personal representative shall pay taxes on, and take all steps reasonably necessary for the management, protection and preservation of, the estate in his possession. He may maintain an action to recover possession of property or to determine the title thereto.  History: [I.C., sec. 15-3-709, as added by 1971, ch. 111, sec. 1, p. 233.]
ID Code § 15-3-710 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION|Part 7 - DUTIES AND POWERS OF PERSONAL REPRESENTATIVES|Section 15-3-710 - POWER TO AVOID TRANSFERS.

15-3-710. POWER TO AVOID TRANSFERS. The property liable for the payment of unsecured debts of a decedent includes all property transferred by him by any means which is in law void or voidable as against his creditors, and subject to prior liens, the right to recover this property, so far as necessary for the payment of unsecured debts of the decedent, is exclusively in the personal representative. The personal representative is not required to institute such an action unless requested by creditors who must pay or secure the cost and expenses of litigation.  History: [I.C., sec. 15-3-710, as added by 1971, ch. 111, sec. 1, p. 233.]
ID Code § 15-3-711 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION|Part 7 - DUTIES AND POWERS OF PERSONAL REPRESENTATIVES|Section 15-3-711 - POWERS OF PERSONAL REPRESENTATIVES — IN GENERAL.

15-3-711. POWERS OF PERSONAL REPRESENTATIVES — IN GENERAL. Until termination of his appointment a personal representative has the same power over the title to property of the estate that an absolute owner would have, in trust however, for the benefit of the creditors and others interested in the estate. This power may be exercised without notice, hearing, or order of court.  History: [I.C., sec. 15-3-711, as added by 1971, ch. 111, sec. 1, p. 233.]
ID Code § 15-3-712 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION|Part 7 - DUTIES AND POWERS OF PERSONAL REPRESENTATIVES|Section 15-3-712 - IMPROPER EXERCISE OF POWER — BREACH OF FIDUCIARY DUTY.

15-3-712. IMPROPER EXERCISE OF POWER — BREACH OF FIDUCIARY DUTY. If the exercise of power concerning the estate is improper, the personal representative is liable to interested persons for damage or loss resulting from breach of his fiduciary duty to the same extent as a trustee of an express trust. The rights of purchasers and others dealing with a personal representative shall be determined as provided in sections 15-3-713 and 15-3-714 of this Part.  History: [I.C., sec. 15-3-712, as added by 1971, ch. 111, sec. 1, p. 233.]
ID Code § 15-3-713 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION|Part 7 - DUTIES AND POWERS OF PERSONAL REPRESENTATIVES|Section 15-3-713 - SALE, ENCUMBRANCE OR TRANSACTION INVOLVING CONFLICT OF INTEREST — VOIDABLE — EXCEPTIONS.

15-3-713. SALE, ENCUMBRANCE OR TRANSACTION INVOLVING CONFLICT OF INTEREST — VOIDABLE — EXCEPTIONS. Any sale or encumbrance to the personal representative, his spouse, agent or attorney, or any corporation or trust in which he has a substantial beneficial interest, or any transaction which is affected by a substantial conflict of interest on the part of the personal representative, is voidable by any person interested in the estate except one (1) who has consented after fair disclosure, unless: (a) the will or a contract entered into by the decedent expressly authorized the transaction; or (b) the transaction is approved by the court after notice to interested persons.  History: [I.C., sec. 15-3-713, as added by 1971, ch. 111, sec. 1, p. 233.]
ID Code § 15-3-714 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION|Part 7 - DUTIES AND POWERS OF PERSONAL REPRESENTATIVES|Section 15-3-714 - PERSONS DEALING WITH PERSONAL REPRESENTATIVE — PROTECTION.

15-3-714. PERSONS DEALING WITH PERSONAL REPRESENTATIVE — PROTECTION. A person who in good faith either assists a personal representative or deals with him for value is protected as if the personal representative properly exercised his power. The fact that a person knowingly deals with a personal representative does not alone require the person to inquire into the existence of a power or the propriety of its exercise. Except for restrictions on powers of supervised personal representatives which are endorsed on letters as provided in section 15-3-504 of this code, and without regard to the constructive notice provisions of section 15-1-305A of this code, no provision in any will or order of court purporting to limit the power of a personal representative is effective except as to persons with actual knowledge thereof. A person is not bound to see to the proper application of estate assets paid or delivered to a personal representative. The protection here expressed extends to instances in which some procedural irregularity or jurisdictional defect occurred in proceedings leading to the issuance of letters, including a case in which the alleged decedent is found to be alive. The protection here expressed is not by substitution for that provided by comparable provisions of the laws relating to commercial transactions and laws simplifying transfers of securities by fiduciaries.  History: [I.C., sec. 15-3-714, as added by 1971, ch. 111, sec. 1, p. 233.]
ID Code § 15-3-716 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION|Part 7 - DUTIES AND POWERS OF PERSONAL REPRESENTATIVES|Section 15-3-716 - POWERS AND DUTIES OF SUCCESSOR PERSONAL REPRESENTATIVE.

15-3-716. POWERS AND DUTIES OF SUCCESSOR PERSONAL REPRESENTATIVE. A successor personal representative has the same power and duty as the original personal representative to complete the administration and distribution of the estate, as expeditiously as possible, but he shall not exercise any power expressly made personal to the executor named in the will.  History: [I.C., sec. 15-3-716, as added by 1971, ch. 111, sec. 1, p. 233.]
ID Code § 15-3-717 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION|Part 7 - DUTIES AND POWERS OF PERSONAL REPRESENTATIVES|Section 15-3-717 - COREPRESENTATIVES — WHEN JOINT ACTION REQUIRED.

15-3-717. COREPRESENTATIVES — WHEN JOINT ACTION REQUIRED. If two (2) or more persons are appointed corepresentatives and unless the will provides otherwise, the concurrence of a majority is required on all acts connected with the administration and distribution of the estate. This restriction does not apply when any corepresentative receives and receipts for property due the estate, when the concurrence of all cannot readily be obtained in the time reasonably available for emergency action necessary to preserve the estate, or when a corepresentative has been delegated to act for the others. Persons dealing with a corepresentative if actually unaware that another has been appointed to serve with him or if advised by the personal representative with whom they deal that he has authority to act alone for any of the reasons mentioned herein, are as fully protected as if the person with whom they dealt had been the sole personal representative.  History: [I.C., sec. 15-3-717, as added by 1971, ch. 111, sec. 1, p. 233.]
ID Code § 15-3-718 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION|Part 7 - DUTIES AND POWERS OF PERSONAL REPRESENTATIVES|Section 15-3-718 - POWERS OF SURVIVING PERSONAL REPRESENTATIVE.

15-3-718. POWERS OF SURVIVING PERSONAL REPRESENTATIVE. Unless the terms of the will otherwise provide, every power exercisable by personal corepresentatives may be exercised by the one (1) or more remaining after the appointment of one (1) or more is terminated, and if one (1) of two (2) or more nominated as coexecutors is not appointed, those appointed may exercise all the powers incident to the office.  History: [I.C., sec. 15-3-718, as added by 1971, ch. 111, sec. 1, p. 233.]
ID Code § 15-3-719 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION|Part 7 - DUTIES AND POWERS OF PERSONAL REPRESENTATIVES|Section 15-3-719 - COMPENSATION OF PERSONAL REPRESENTATIVE.

15-3-719. COMPENSATION OF PERSONAL REPRESENTATIVE. A personal representative is entitled to reasonable compensation for his services. If a will provides for compensation of the personal representative and there is no contract with the decedent regarding compensation, he may renounce the provision before qualifying and be entitled to reasonable compensation. A personal representative may also renounce his right to all or any part of the compensation. A written renunciation of fee may be filed with the court.  History: [I.C., sec. 15-3-719, as added by 1971, ch. 111, sec. 1, p. 233.]
ID Code § 15-3-720 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION|Part 7 - DUTIES AND POWERS OF PERSONAL REPRESENTATIVES|Section 15-3-720 - EXPENSES IN ESTATE LITIGATION.

15-3-720. EXPENSES IN ESTATE LITIGATION. If any personal representative or person nominated as personal representative defends or prosecutes any proceeding in good faith, whether successful or not, he is entitled to receive from the estate his necessary expenses and disbursements including reasonable attorney’s fees incurred.  History: [I.C., sec. 15-3-720, as added by 1971, ch. 111, sec. 1, p. 233.]
ID Code § 15-3-721 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION|Part 7 - DUTIES AND POWERS OF PERSONAL REPRESENTATIVES|Section 15-3-721 - PROCEEDINGS FOR REVIEW OF EMPLOYMENT OF AGENTS AND COMPENSATION OF PERSONAL REPRESENTATIVES AND EMPLOYEES OF ESTATE.

15-3-721. PROCEEDINGS FOR REVIEW OF EMPLOYMENT OF AGENTS AND COMPENSATION OF PERSONAL REPRESENTATIVES AND EMPLOYEES OF ESTATE. After notice to all interested persons or on petition of an interested person or on appropriate motion if administration is supervised, the propriety of employment of any person by a personal representative including any attorney, auditor, investment advisor or other specialized agent or assistant, the reasonableness of the compensation of any person so employed, or the reasonableness of the compensation determined by the personal representative for his own services, may be reviewed by the court. Any person who has received excessive compensation from an estate for services rendered may be ordered to make appropriate refunds.  History: [I.C., sec. 15-3-721, as added by 1971, ch. 111, sec. 1, p. 233.]
ID Code § 15-3-801 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION|Part 8 - CREDITORS’ CLAIMS|Section 15-3-801 - NOTICE TO CREDITORS.

15-3-801. NOTICE TO CREDITORS. (a) Unless notice has already been given under this section, a personal representative upon his appointment may publish a notice to creditors once a week for three (3) successive weeks in a newspaper of general circulation in the county announcing his appointment and address and notifying creditors of the estate to present their claims within four (4) months after the date of the first publication of the notice or be forever barred. (b) A personal representative may give written notice by mail or other delivery to any creditor, notifying the creditor to present his claim within four (4) months after the published notice if given as provided in subsection (a) of this section or within sixty (60) days after the mailing or delivery of the notice, whichever is later, or be forever barred. Written notice must be the notice described in subsection (a) of this section or a similar notice. (c) The personal representative is not liable to any creditor or to any successor of the decedent for giving or failing to give notice under this section. (d) If medical assistance was paid on behalf of the decedent when the decedent was fifty-five (55) years of age or older, the personal representative shall provide written notice as required by section 56-218(5), Idaho Code.  History: [15-3-801, added 1971, ch. 111, sec. 1, p. 233; am. 1991, ch. 87, sec. 1, p. 192; am. 1998, ch. 9, sec. 2, p. 108.]
ID Code § 15-3-802 (2021)
2021 Idaho Code|Title 15 - UNIFORM PROBATE CODE|Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION|Part 8 - CREDITORS’ CLAIMS|Section 15-3-802 - STATUTES OF LIMITATIONS.

15-3-802. STATUTES OF LIMITATIONS. (a) Unless an estate is insolvent, the personal representative, with the consent of all successors whose interests would be affected, may waive any defense of limitations available to the estate. If the defense is not waived, no claim barred by a statute of limitations at the time of the decedent’s death may be allowed or paid. (b) The running of a statute of limitations measured from an event other than death or the giving of notice to creditors is suspended during the four (4) months following the decedent’s death but resumes thereafter as to claims not barred pursuant to the sections which follow. (c) For purposes of a statute of limitations, the proper presentation of a claim under section 15-3-804, Idaho Code, is equivalent to commencement of a proceeding on the claim.  History: [I.C., sec. 15-3-802, as added by 1971, ch. 111, sec. 1, p. 233; am. 1978, ch. 350, sec. 12, p. 922; am. 1991, ch. 87, sec. 2, p. 192.]