§ 28A‑13‑6. Exercise of powers of joint personal representatives by one or more than one.
(a) Repealed by SessionLaws 2005‑192, s. 5, effective January 1, 2006.
(b) If a will expresslymakes provision for the execution of any of the powers of personal representativesby all of them or by any one or more of them, the provisions of the willgovern.
(c) Repealed by SessionLaws 2005‑192, s. 5, effective January 1, 2006.
(c1) If there is nogoverning provision in the will, personal representatives may, by writtenagreement signed by all of them and filed with and approved by the clerk ofsuperior court of the county in which the personal representatives qualified,provide that any designated one or more of the personal representatives mayexercise one or more of the following powers:
(1) Establish andmaintain bank accounts for the trust and issue checks for the estate.
(2) Maintaininventories, accountings, and income and expense records of the estate.
(3) Enter any safetydeposit box rented by the estate.
(4) Employ persons asadvisors or assistants in the performance of administrative duties, includingagents, attorneys, accountants, brokers, appraisers, and custodians.
(5) List estate propertyfor taxes and prepare and file tax returns for the trust.
(6) Collect and givereceipts for claims and debts of the estate.
(7) Pay debts, claims,costs of administration, and taxes of the estate.
(8) Compromise, adjust,or otherwise settle any claim by or against the trust and release, in whole orin part, a claim belonging to the estate.
(9) Have custody of theestate property.
(10) Perform any functionrelating to investment of estate assets.
(d) Subject tosubsection (b) of this section, if two or more personal representatives ownshares of corporate stock or other securities, their acts with respect tovoting shall have the following effect:
(1) If only one votes,in person or by proxy, that personal representative's act binds all;
(2) If more than onevote, in person or by proxy, the act of the majority so voting binds all;
(3) If more that onevote, in person or by proxy, but the vote is evenly split on any particularmatter, each faction is entitled to vote the stock or other securities inquestion proportionately.
(e) Subject tosubsections (b), (c1), and (d) of this section, all other acts and duties mustbe performed by both of the personal representatives if there are two, and by amajority of them if there are more than two. No personal representative who hasnot joined in exercising a power shall be liable for the consequences of suchexercise, nor shall a dissenting personal representative be liable for theconsequences of an act in which the personal representative joins at thedirection of the majority of the personal representatives, if that personalrepresentative expressed his or her dissent in writing to any other personalrepresentative at or before the time of such joinder.
(f) No personalrepresentative shall be relieved of liability on his or her bond or otherwiseby entering into any agreement under this section. (1959, c. 1160; 1973, c.1329, s. 3; 1977, c. 446, s. 1; 1991, c. 460, s. 1; 2005‑192, s. 5.)
§ 28A‑13‑6. Exercise of powers of joint personal representatives by one or more than one.
(a) Repealed by SessionLaws 2005‑192, s. 5, effective January 1, 2006.
(b) If a will expresslymakes provision for the execution of any of the powers of personal representativesby all of them or by any one or more of them, the provisions of the willgovern.
(c) Repealed by SessionLaws 2005‑192, s. 5, effective January 1, 2006.
(c1) If there is nogoverning provision in the will, personal representatives may, by writtenagreement signed by all of them and filed with and approved by the clerk ofsuperior court of the county in which the personal representatives qualified,provide that any designated one or more of the personal representatives mayexercise one or more of the following powers:
(1) Establish andmaintain bank accounts for the trust and issue checks for the estate.
(2) Maintaininventories, accountings, and income and expense records of the estate.
(3) Enter any safetydeposit box rented by the estate.
(4) Employ persons asadvisors or assistants in the performance of administrative duties, includingagents, attorneys, accountants, brokers, appraisers, and custodians.
(5) List estate propertyfor taxes and prepare and file tax returns for the trust.
(6) Collect and givereceipts for claims and debts of the estate.
(7) Pay debts, claims,costs of administration, and taxes of the estate.
(8) Compromise, adjust,or otherwise settle any claim by or against the trust and release, in whole orin part, a claim belonging to the estate.
(9) Have custody of theestate property.
(10) Perform any functionrelating to investment of estate assets.
(d) Subject tosubsection (b) of this section, if two or more personal representatives ownshares of corporate stock or other securities, their acts with respect tovoting shall have the following effect:
(1) If only one votes,in person or by proxy, that personal representative's act binds all;
(2) If more than onevote, in person or by proxy, the act of the majority so voting binds all;
(3) If more that onevote, in person or by proxy, but the vote is evenly split on any particularmatter, each faction is entitled to vote the stock or other securities inquestion proportionately.
(e) Subject tosubsections (b), (c1), and (d) of this section, all other acts and duties mustbe performed by both of the personal representatives if there are two, and by amajority of them if there are more than two. No personal representative who hasnot joined in exercising a power shall be liable for the consequences of suchexercise, nor shall a dissenting personal representative be liable for theconsequences of an act in which the personal representative joins at thedirection of the majority of the personal representatives, if that personalrepresentative expressed his or her dissent in writing to any other personalrepresentative at or before the time of such joinder.
(f) No personalrepresentative shall be relieved of liability on his or her bond or otherwiseby entering into any agreement under this section. (1959, c. 1160; 1973, c.1329, s. 3; 1977, c. 446, s. 1; 1991, c. 460, s. 1; 2005‑192, s. 5.)
§ 28A‑13‑6. Exercise of powers of joint personal representatives by one or more than one.
(a) Repealed by SessionLaws 2005‑192, s. 5, effective January 1, 2006.
(b) If a will expresslymakes provision for the execution of any of the powers of personal representativesby all of them or by any one or more of them, the provisions of the willgovern.
(c) Repealed by SessionLaws 2005‑192, s. 5, effective January 1, 2006.
(c1) If there is nogoverning provision in the will, personal representatives may, by writtenagreement signed by all of them and filed with and approved by the clerk ofsuperior court of the county in which the personal representatives qualified,provide that any designated one or more of the personal representatives mayexercise one or more of the following powers:
(1) Establish andmaintain bank accounts for the trust and issue checks for the estate.
(2) Maintaininventories, accountings, and income and expense records of the estate.
(3) Enter any safetydeposit box rented by the estate.
(4) Employ persons asadvisors or assistants in the performance of administrative duties, includingagents, attorneys, accountants, brokers, appraisers, and custodians.
(5) List estate propertyfor taxes and prepare and file tax returns for the trust.
(6) Collect and givereceipts for claims and debts of the estate.
(7) Pay debts, claims,costs of administration, and taxes of the estate.
(8) Compromise, adjust,or otherwise settle any claim by or against the trust and release, in whole orin part, a claim belonging to the estate.
(9) Have custody of theestate property.
(10) Perform any functionrelating to investment of estate assets.
(d) Subject tosubsection (b) of this section, if two or more personal representatives ownshares of corporate stock or other securities, their acts with respect tovoting shall have the following effect:
(1) If only one votes,in person or by proxy, that personal representative's act binds all;
(2) If more than onevote, in person or by proxy, the act of the majority so voting binds all;
(3) If more that onevote, in person or by proxy, but the vote is evenly split on any particularmatter, each faction is entitled to vote the stock or other securities inquestion proportionately.
(e) Subject tosubsections (b), (c1), and (d) of this section, all other acts and duties mustbe performed by both of the personal representatives if there are two, and by amajority of them if there are more than two. No personal representative who hasnot joined in exercising a power shall be liable for the consequences of suchexercise, nor shall a dissenting personal representative be liable for theconsequences of an act in which the personal representative joins at thedirection of the majority of the personal representatives, if that personalrepresentative expressed his or her dissent in writing to any other personalrepresentative at or before the time of such joinder.
(f) No personalrepresentative shall be relieved of liability on his or her bond or otherwiseby entering into any agreement under this section. (1959, c. 1160; 1973, c.1329, s. 3; 1977, c. 446, s. 1; 1991, c. 460, s. 1; 2005‑192, s. 5.)
