reglab/statecodes huggingface dataset:
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION › Part 6 - PERSONAL REPRESENTATIVE — APPOINTMENT, CONTROL AND TERMINATION OF AUTHORITY › Section 15-3-608 - TERMINATION OF APPOINTMENT — GENERAL.

15-3-608. TERMINATION OF APPOINTMENT — GENERAL. Termination of appointment of a personal representative occurs as indicated in sections 15-3-609 through 15-3-612, inclusive, of this Part. Termination ends the right and power pertaining to the office of personal representative as conferred by this code or any will, except that a personal representative, at any time prior to distribution or until restrained or enjoined by court order, may perform acts necessary to protect the estate and may deliver the assets to a successor representative. Termination does not discharge a personal representative from liability for transactions or omissions occurring before termination, or relieve him of the duty to preserve assets subject to his control, to account therefor and to deliver the assets. Termination does not affect the jurisdiction of the court over the personal representative, but terminates his authority to represent the estate in any pending or future proceeding.
History:
[I.C., sec. 15-3-608, as added by 1971, ch. 111, sec. 1, p. 233.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION › Part 6 - PERSONAL REPRESENTATIVE — APPOINTMENT, CONTROL AND TERMINATION OF AUTHORITY › Section 15-3-609 - TERMINATION OF APPOINTMENT — DEATH OR DISABILITY.

15-3-609. TERMINATION OF APPOINTMENT — DEATH OR DISABILITY. The death of a personal representative or the appointment of a conservator for the estate of a personal representative, terminates his appointment. Until appointment and qualification of a successor or special representative to replace the deceased or protected representative, the representative of the estate of the deceased or protected personal representative, if any, has the duty to protect the estate possessed and being administered by his decedent or ward at the time his appointment terminates, has the power to perform acts necessary for protection and shall account for and deliver the estate assets to a successor or special personal representative upon his appointment and qualification.
History:
[I.C., sec. 15-3-609, as added by 1971, ch. 111, sec. 1, p. 233.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION › Part 6 - PERSONAL REPRESENTATIVE — APPOINTMENT, CONTROL AND TERMINATION OF AUTHORITY › Section 15-3-610 - TERMINATION OF APPOINTMENT — VOLUNTARY.

15-3-610. TERMINATION OF APPOINTMENT — VOLUNTARY. (a) An appointment of a personal representative terminates as provided in section 15-3-1003 of this code, one (1) year after the filing of a closing statement.
(b) An order closing an estate as provided in section 15-3-1001 or 15-3-1002 of this code terminates an appointment of a personal representative.
(c) A personal representative may resign his position by filing a written statement of resignation with the registrar after he has given at least fifteen (15) days’ written notice to the persons known to be interested in the estate. If no one applies or petitions for appointment of a successor representative within the time indicated in the notice, the filed statement of resignation is ineffective as a termination of appointment and in any event is effective only upon the appointment and qualification of a successor representative and delivery of the assets to him.
History:
[I.C., sec. 15-3-610, as added by 1971, ch. 111, sec. 1, p. 233.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION › Part 6 - PERSONAL REPRESENTATIVE — APPOINTMENT, CONTROL AND TERMINATION OF AUTHORITY › Section 15-3-611 - TERMINATION OF APPOINTMENT BY REMOVAL — CAUSE — PROCEDURE.

15-3-611. TERMINATION OF APPOINTMENT BY REMOVAL — CAUSE — PROCEDURE. (a) A person interested in the estate may petition for removal of a personal representative for cause at any time. Upon filing of the petition, the court shall fix a time and place for hearing. Notice shall be given by the petitioner to the personal representative, and to other persons as the court may order. Except as otherwise ordered as provided in section 15-3-607 of this Part, after receipt of notice of removal proceedings, the personal representative shall not act except to account, to correct maladministration or preserve the estate. If removal is ordered, the court also shall direct by order the disposition of the assets remaining in the name of, or under the control of, the personal representative being removed.
(b) Cause for removal exists when removal would be in the best interests of the estate, or if it is shown that a personal representative or the person seeking his appointment intentionally misrepresented material facts in the proceedings leading to his appointment, or that the personal representative has disregarded an order of the court, has become incapable of discharging the duties of his office, or has mismanaged the estate or failed to perform any duty pertaining to the office. Unless the decedent’s will directs otherwise, a personal representative appointed at the decedent’s domicile, incident to securing appointment of himself or his nominee as ancillary personal representative, may obtain removal of another who was appointed personal representative in this state to administer local assets.
History:
[I.C., sec. 15-3-611, as added by 1971, ch. 111, sec. 1, p. 233.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION › Part 6 - PERSONAL REPRESENTATIVE — APPOINTMENT, CONTROL AND TERMINATION OF AUTHORITY › Section 15-3-612 - TERMINATION OF APPOINTMENT — CHANGE OF TESTACY STATUS.

15-3-612. TERMINATION OF APPOINTMENT — CHANGE OF TESTACY STATUS. Except as otherwise ordered in formal proceedings, the probate of a will subsequent to the appointment of a personal representative in intestacy or under a will which is superseded by formal probate of another will, or the vacation of an informal probate of a will subsequent to the appointment of the personal representative thereunder, does not terminate the appointment of the personal representative although his powers may be reduced as provided in section 15-3-401 of this code. Termination occurs upon appointment in informal or formal appointment proceedings of a person entitled to appointment under the later assumption concerning testacy. If no request for new appointment is made within thirty (30) days after expiration of time for appeal from the order in formal testacy proceedings, or from the informal probate, changing the assumption concerning testacy, the previously appointed personal representative upon request may be appointed personal representative under the subsequently probated will, or as in intestacy as the case may be.
History:
[I.C., sec. 15-3-612, as added by 1971, ch. 111, sec. 1, p. 233.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION › Part 6 - PERSONAL REPRESENTATIVE — APPOINTMENT, CONTROL AND TERMINATION OF AUTHORITY › Section 15-3-613 - SUCCESSOR PERSONAL REPRESENTATIVE.

15-3-613. SUCCESSOR PERSONAL REPRESENTATIVE. Parts 3 and 4 of this chapter govern proceedings for appointment of a personal representative to succeed one (1) whose appointment has been terminated. After appointment and qualification, a successor personal representative may be substituted in all actions and proceedings to which the former personal representative was a party, and no notice, process or claim which was given or served upon the former personal representative need be given to or served upon the successor in order to preserve any position or right the person giving the notice or filing the claim may thereby have obtained or preserved with reference to the former personal representative. Except as otherwise ordered by the court, the successor personal representative has the powers and duties in respect to the continued administration which the former personal representative would have had if his appointment had not been terminated.
History:
[I.C., sec. 15-3-613, as added by 1971, ch. 111, sec. 1, p. 233.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION › Part 6 - PERSONAL REPRESENTATIVE — APPOINTMENT, CONTROL AND TERMINATION OF AUTHORITY › Section 15-3-614 - SPECIAL ADMINISTRATOR — APPOINTMENT.

15-3-614. SPECIAL ADMINISTRATOR — APPOINTMENT. A special administrator may be appointed:
(a) Informally by the registrar on the application of any interested person when necessary to protect the estate of a decedent prior to the appointment of a general personal representative or if a prior appointment has been terminated as provided in section 15-3-609 of this Part;
(b) In a formal proceeding by order of the court on the petition of any interested person and finding, after notice and hearing, that appointment is necessary to preserve the estate or to secure its proper administration including its administration in circumstances where a general personal representative cannot or should not act. If it appears to the court that an emergency exists, appointment may be ordered without notice.
History:
[I.C., sec. 15-3-614, as added by 1971, ch. 111, sec. 1, p. 233.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION › Part 6 - PERSONAL REPRESENTATIVE — APPOINTMENT, CONTROL AND TERMINATION OF AUTHORITY › Section 15-3-615 - SPECIAL ADMINISTRATOR — WHO MAY BE APPOINTED.

15-3-615. SPECIAL ADMINISTRATOR — WHO MAY BE APPOINTED. (a) If a special administrator is to be appointed pending the probate of a will which is the subject of a pending application or petition for probate, the person named executor in the will shall be appointed if available, and qualified.
(b) In other cases, any proper person may be appointed special administrator.
History:
[I.C., sec. 15-3-615, as added by 1971, ch. 111, sec. 1, p. 233.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION › Part 6 - PERSONAL REPRESENTATIVE — APPOINTMENT, CONTROL AND TERMINATION OF AUTHORITY › Section 15-3-616 - SPECIAL ADMINISTRATOR — APPOINTED INFORMALLY — POWERS AND DUTIES.

15-3-616. SPECIAL ADMINISTRATOR — APPOINTED INFORMALLY — POWERS AND DUTIES. A special administrator appointed by the registrar in informal proceedings pursuant to subsection (a) of section 15-3-614 of this Part has the duty to collect and manage the assets of the estate, to preserve them, to account therefor and to deliver them to the general personal representative upon his qualification. The special administrator has the power of a personal representative under this code necessary to perform his duties.
History:
[I.C., sec. 15-3-616, as added by 1971, ch. 111, sec. 1, p. 233.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION › Part 6 - PERSONAL REPRESENTATIVE — APPOINTMENT, CONTROL AND TERMINATION OF AUTHORITY › Section 15-3-617 - SPECIAL ADMINISTRATOR — FORMAL PROCEEDINGS — POWERS AND DUTIES.

15-3-617. SPECIAL ADMINISTRATOR — FORMAL PROCEEDINGS — POWERS AND DUTIES. A special administrator appointed by order of the court in any formal proceeding has the power of a general personal representative except as limited in the appointment and duties as prescribed in the order. The appointment may be for a specified time, to perform particular acts or on other terms as the court may direct.
History:
[I.C., sec. 15-3-617, as added by 1971, ch. 111, sec. 1, p. 233.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION › Part 6 - PERSONAL REPRESENTATIVE — APPOINTMENT, CONTROL AND TERMINATION OF AUTHORITY › Section 15-3-618 - TERMINATION OF APPOINTMENT — SPECIAL ADMINISTRATOR.

15-3-618. TERMINATION OF APPOINTMENT — SPECIAL ADMINISTRATOR. The appointment of a special administrator terminates in accordance with the provisions of the order of appointment or on the appointment of a general personal representative. In other cases, the appointment of a special administrator is subject to termination as provided in sections 15-3-608 through 15-3-611 of this Part.
History:
[I.C., sec. 15-3-618, as added by 1971, ch. 111, sec. 1, p. 233.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION › Part 7 - DUTIES AND POWERS OF PERSONAL REPRESENTATIVES › Section 15-3-701 - TIME OF ACCRUAL OF DUTIES AND POWERS.

15-3-701. TIME OF ACCRUAL OF DUTIES AND POWERS. Duties and powers of a personal representative commence upon his appointment. The powers of a personal representative relate back in time to give acts by the person appointed which are beneficial to the estate occurring prior to appointment the same effect as those occurring thereafter. A personal representative may ratify and accept acts on behalf of the estate done by others where the acts would have been proper for a personal representative.
History:
[I.C., sec. 15-3-701, as added by 1971, ch. 111, sec. 1, p. 233.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION › Part 7 - DUTIES AND POWERS OF PERSONAL REPRESENTATIVES › Section 15-3-702 - PRIORITY AMONG DIFFERENT LETTERS.

15-3-702. PRIORITY AMONG DIFFERENT LETTERS. A person to whom general letters are issued first has exclusive authority under the letters until his appointment is terminated or modified. If, through error, general letters are afterwards issued to another, the first appointed representative may recover any property of the estate in the hands of the representative subsequently appointed, but the acts of the latter done in good faith before notice of the first letters are not void for want of validity of appointment.
History:
[I.C., sec. 15-3-702, as added by 1971, ch. 111, sec. 1, p. 233.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 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.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION › Part 8 - CREDITORS’ CLAIMS › Section 15-3-804 - MANNER OF PRESENTATION OF CLAIMS.

15-3-804. MANNER OF PRESENTATION OF CLAIMS. Claims against a decedent’s estate may be presented as follows:
(a) The claimant shall deliver or mail to the personal representative a written statement of the claim indicating its basis, the name and address of the claimant, and the amount claimed, and file a written statement of the claim, in the form prescribed by rule, with the clerk of the court. The claim is deemed presented on the last to occur of: (1) delivery or mailing of the written statement of claim to the personal representative; or, (2) the filing of the claim with the court. If a claim is not yet due, the date when it will become due shall be stated. If the claim is contingent or unliquidated, the nature of the uncertainty shall be stated. If the claim is secured, the security shall be described. Failure to describe correctly the security, the nature of any uncertainty, and the due date of a claim not yet due does not invalidate the presentation made.
(b) The claimant may commence a proceeding against the personal representative in any court where the personal representative may be subjected to jurisdiction, to obtain payment of his claim against the estate, but the commencement of the proceeding must occur within the time limited for presenting the claim. No presentation of claim is required in regard to matters claimed in proceedings against the decedent which were pending at the time of his death.
(c) If a claim is presented under subsection (a) of this section, no proceeding thereon may be commenced more than sixty (60) days after the personal representative has mailed a notice of disallowance; but, in the case of a claim which is not presently due or which is contingent or unliquidated, the personal representative may consent to an extension of the sixty (60) day period, or to avoid injustice the court, on petition, may order an extension of the sixty (60) day period, but in no event shall the extension run beyond the applicable statute of limitations.
History:
[15-3-804, as added by 1971, ch. 111, sec. 1, p. 233; am. 1992, ch. 240, sec. 1, p. 712; am. 2004, ch. 124, sec. 1, p. 416.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION › Part 8 - CREDITORS’ CLAIMS › Section 15-3-805 - CLASSIFICATION OF CLAIMS.

15-3-805. CLASSIFICATION OF CLAIMS. (a) If the applicable assets of the estate are insufficient to pay all claims in full, the personal representative shall make payment in the following order:
(1) costs and expenses of administration;
(2) reasonable funeral expenses;
(3) debts and taxes with preference under federal law;
(4) reasonable and necessary medical and hospital expenses of the last illness of the decedent, including compensation of persons attending him;
(5) debts and taxes with preference under other laws of this state;
(6) all other claims.
(b) No preference shall be given in the payment of any claim over any other claim of the same class, and a claim due and payable shall not be entitled to a preference over claims not due.
History:
[I.C., sec. 15-3-805, as added by 1971, ch. 111, sec. 1, p. 233; am. 1973, ch. 167, sec. 13, p. 319.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION › Part 8 - CREDITORS’ CLAIMS › Section 15-3-806 - ALLOWANCE OF CLAIMS.

15-3-806. ALLOWANCE OF CLAIMS. (a) As to claims presented in the manner described in section 15-3-804(a) of this Part within the time limit prescribed in 15-3-803 of this Part, the personal representative may mail a notice to any claimant stating that the claim has been disallowed. If, after allowing or disallowing a claim, the personal representative changes his decision concerning the claim, he shall notify the claimant. The personal representative may not change a disallowance of a claim after the time for the claimant to file a petition for allowance or to commence a proceeding on the claim has run and the claim has been barred. Every claim which is disallowed in whole or in part by the personal representative is barred so far as not allowed unless the claimant files a petition for allowance in the court or commences a proceeding against the personal representative not later than sixty (60) days after the mailing of the notice of disallowance or partial allowance if the notice warns the claimant of the impending bar. Failure of the personal representative to mail notice to a claimant of action on his claim for sixty (60) days after the time for original presentation of the claim has expired has the effect of a notice of allowance.
(b) Upon the petition of the personal representative or of a claimant in a proceeding for the purpose, the court may allow in whole or in part any claim or claims presented to the personal representative or filed with the clerk of the court in due time and not barred by subsection (a) of this section. Notice in this proceeding shall be given to the claimant, the personal representative and those other persons interested in the estate as the court may direct by order entered at the time the proceeding is commenced.
(c) A judgment in a proceeding in another court against a personal representative to enforce a claim against a decedent’s estate is an allowance of the claim.
(d) Unless otherwise provided in any judgment in another court entered against the personal representative, allowed claims bear interest at the legal rate for the period commencing sixty (60) days after the time for original presentation of the claim has expired unless based on a contract making a provision for interest, in which case they bear interest in accordance with that provision.
History:
[I.C., sec. 15-3-806, as added by 1971, ch. 111, sec. 1, p. 233; am. 1974, ch. 199, sec. 3, p. 1516.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION › Part 8 - CREDITORS’ CLAIMS › Section 15-3-807 - PAYMENT OF CLAIMS.

15-3-807. PAYMENT OF CLAIMS. (a) Upon the expiration of the earlier of the time limitations provided in section 15-3-803, Idaho Code, for the presentation of claims, the personal representative shall proceed to pay the claims allowed against the estate in the order of priority prescribed, after making provision for homestead, family and support allowances, for claims already presented that have not yet been allowed or whose allowance has been appealed, and for unbarred claims that may yet be presented, including costs and expenses of administration. By petition to the court in a proceeding for the purpose, or by appropriate motion if the administration is supervised, a claimant whose claim has been duly allowed but not paid may secure an order directing the personal representative to pay the claim to the extent funds of the estate are available to pay it.
(b) The personal representative at any time may pay any just claim that has not been barred, with or without formal presentation, but he is personally liable to any other claimant whose claim is allowed and who is injured by its payment if:
(1) payment was made before the expiration of the time limit stated in subsection (a) of this section and the personal representative failed to require the payee to give adequate security for the refund of any of the payment necessary to pay other claimants; or
(2) payment was made, due to negligence or wilful fault of the personal representative, in such manner as to deprive the injured claimant of priority.
History:
[I.C., sec. 15-3-807, as added by 1971, ch. 111, sec. 1, p. 233; am. 1991, ch. 87, sec. 5, p. 194.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION › Part 8 - CREDITORS’ CLAIMS › Section 15-3-808 - INDIVIDUAL LIABILITY OF PERSONAL REPRESENTATIVE.

15-3-808. INDIVIDUAL LIABILITY OF PERSONAL REPRESENTATIVE. (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 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 is personally at fault.
(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) 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.
History:
[I.C., sec. 15-3-808, as added by 1971, ch. 111, sec. 1, p. 233.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION › Part 8 - CREDITORS’ CLAIMS › Section 15-3-809 - SECURED CLAIMS.

15-3-809. SECURED CLAIMS. Payment of a secured claim is upon the basis of the amount allowed if the creditor surrenders his security; otherwise payment is upon the basis of one of the following:
(a) If the creditor exhausts his security before receiving payment, unless precluded by other law upon the amount of the claim allowed less the fair value of the security; or
(b) If the creditor does not have the right to exhaust his security or has not done so, upon the amount of the claim allowed less the value of the security determined by converting it into money according to the terms of the agreement pursuant to which the security was delivered to the creditor, or by the creditor and personal representative by agreement, arbitration, compromise or litigation.
History:
[I.C., sec. 15-3-809, as added by 1971, ch. 111, sec. 1, p. 233.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION › Part 8 - CREDITORS’ CLAIMS › Section 15-3-810 - CLAIMS NOT DUE AND CONTINGENT OR UNLIQUIDATED CLAIMS.

15-3-810. CLAIMS NOT DUE AND CONTINGENT OR UNLIQUIDATED CLAIMS. (a) If a claim which will become due at a future time or a contingent or unliquidated claim becomes due or certain before the distribution of the estate, and if the claim has been allowed or established by a proceeding, it is paid in the same manner as presently due and absolute claims of the same class.
(b) In other cases the personal representative or, on petition of the personal representative or the claimant in a special proceeding for the purpose, the court may provide for payment as follows:
(1) if the claimant consents, he may be paid the present or agreed value of the claim, taking any uncertainty into account;
(2) arrangement for future payment, or possible payment, on the happening of the contingency or on liquidation may be made by creating a trust, giving a mortgage, obtaining a bond or security from a distributee, or otherwise.
History:
[I.C., sec. 15-3-810, as added by 1971, ch. 111, sec. 1, p. 233.]
2023 Idaho Code › Title 15 - UNIFORM PROBATE CODE › Chapter 3 - PROBATE OF WILLS AND ADMINISTRATION › Part 8 - CREDITORS’ CLAIMS › Section 15-3-811 - COUNTERCLAIMS.

15-3-811. COUNTERCLAIMS. In allowing a claim the personal representative may deduct any counterclaim which the estate has against the claimant. In determining a claim against an estate a court shall reduce the amount allowed by the amount of any counterclaims and, if the counterclaims exceed the claim, render a judgment against the claimant in the amount of the excess. A counterclaim, liquidated or unliquidated, may arise from a transaction other than that upon which the claim is based. A counterclaim may give rise to relief exceeding in amount or different in kind from that sought in the claim.
History:
[I.C., sec. 15-3-811, as added by 1971, ch. 111, sec. 1, p. 233.]