2023 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  is  a
victim 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.