75-3-808 - Individual liability of personal representative. - Utah Statutes

75-3-808. Individual liability of personal representative.
(1) Unless otherwise provided in the contract, a personal representative is not individuallyliable on a contract properly entered into in his fiduciary capacity in the course of administrationof the estate unless he fails to reveal his representative capacity and identify the estate in thecontract.
(2) A personal representative is individually liable for obligations arising from ownershipor control of the estate or for torts committed in the course of administration of the estate only ifhe is personally at fault.
(3) Claims based on contracts entered into by a personal representative in his fiduciarycapacity, on obligations arising from ownership or control of the estate, or on torts committed inthe course of estate administration may be asserted against the estate by proceeding against thepersonal representative in his fiduciary capacity, whether or not the personal representative isindividually liable therefor.
(4) Issues of liability as between the estate and the personal representative individuallymay be determined in a proceeding for accounting, surcharge, or indemnification or otherappropriate proceeding.

Enacted by Chapter 150, 1975 General Session