Idaho State Statutes - Idaho Attorney Directory

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.

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