75-3-713 - Persons dealing with personal representative -- Protection. - Utah Statutes

75-3-713. Persons dealing with personal representative -- Protection.
A person who in good faith either assists a personal representative or deals with him forvalue is protected as if the personal representative properly exercised his power. The fact that aperson knowingly deals with a personal representative does not alone require the person to inquireinto the existence of a power or the propriety of its exercise. Except for restrictions on powers ofsupervised personal representatives which are endorsed on letters as provided in Section75-3-504, no provision in any will or order of court purporting to limit the power of a personalrepresentative is effective except as to persons with actual knowledge thereof. A person is notbound to see to the proper application of estate assets paid or delivered to a personalrepresentative. The protection here expressed extends to instances in which some proceduralirregularity 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 expressedis not by substitution for that provided by comparable provisions of the laws relating tocommercial transactions and laws simplifying transfers of securities by fiduciaries.

Enacted by Chapter 150, 1975 General Session