Minnesota Legislature
Office of the Revisor of Statutes
2006 Minnesota Statutes
This is an historical version of this statute chapter. Also view the most recent published version.
524.3-808 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 a fiduciary capacity in the course of administration
of the estate unless the personal representative fails to reveal the 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 the
personal representative is personally at fault.
(c) Claims based on contracts entered into by a personal representative in a 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 the 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: 1975 c 347 s 58; 1986 c 444
(a) Unless otherwise provided in the contract, a personal representative is not individually
liable on a contract properly entered into in a fiduciary capacity in the course of administration
of the estate unless the personal representative fails to reveal the 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 the
personal representative is personally at fault.
(c) Claims based on contracts entered into by a personal representative in a 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 the 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: 1975 c 347 s 58; 1986 c 444
Official Publication of the State of Minnesota
Revisor of Statutes