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The 190th General Court of the Commonwealth of Massachusetts

Section 3-714: Persons dealing with personal representative; protection

Section 3-714. [Persons Dealing with Personal Representative; Protection. ]

A person who in good faith either assists a personal representative or deals with a personal representative for value is protected as if the personal representative properly exercised power. The fact that a person knowingly deals with a personal representative shall not alone require the person to inquire into the existence of a power or the propriety of its exercise. Except for restrictions on powers of supervised personal representatives which are endorsed on letters as provided in section 3-504, no provision in any will or order of court purporting to limit the power of a personal representative is effective except as to persons with actual knowledge thereof. A person is not bound to see to the proper application of estate assets paid or delivered to a personal representative. The protection here expressed extends to instances in which some procedural irregularity 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 expressed is not by substitution for that provided by comparable provisions of the laws relating to commercial transactions and laws simplifying transfers of securities by fiduciaries.