14-3715

14-3715. Transactions authorized for personal
representatives; exceptions

Except as restricted or otherwise provided by the will or by an order in a formal
proceeding and subject to the priorities stated in section 14-3902, a personal
representative, acting reasonably for the benefit of the interested persons, may
properly:

1. Retain assets owned by the decedent pending distribution or liquidation
including those in which the representative is personally interested or which are
otherwise improper for trust investment.

2. Receive assets from fiduciaries or other sources.

3. Perform, compromise or refuse performance of the decedent's contracts that
continue as obligations of the estate, as he may determine under the circumstances. In
performing enforceable contracts by the decedent to convey or lease land, the personal
representative, among other possible courses of action, may either:

(a) Execute and deliver a deed of conveyance for cash payment of all sums remaining
due or the purchaser's note for the sum remaining due secured by a mortgage or deed of
trust on the land.

(b) Deliver a deed in escrow with directions that the proceeds, when paid in
accordance with the escrow agreement, be paid to the successors of the decedent, as
designated in the escrow agreement.

4. Satisfy written charitable pledges of the decedent irrespective of whether the
pledges constituted binding obligations of the decedent or were properly presented as
claims, if in the judgment of the personal representative the decedent would have wanted
the pledges completed under the circumstances.

5. If funds are not needed to meet debts and expenses currently payable and are not
immediately distributable, deposit or invest liquid assets of the estate, including
monies received from the sale of other assets, in federally insured interest-bearing
accounts, readily marketable secured loan arrangements or other prudent investments which
would be reasonable for use by trustees generally.

6. Acquire or dispose of an asset, including land in this or another state, for
cash or on credit and at public or private sale and manage, develop, improve, exchange,
partition, change the character of or abandon an estate asset.

7. Make ordinary or extraordinary repairs or alterations in buildings or other
structures, demolish any improvements, raze existing or erect new party walls or
buildings.

8. Subdivide, develop or dedicate land to public use, make or obtain the vacation
of plats and adjust boundaries, adjust differences in valuation on exchange or partition
by giving or receiving considerations or dedicate easements to public use without
consideration.

9. Enter for any purpose into a lease as lessor or lessee, with or without option
to purchase or renew, for a term within or extending beyond the period of administration.

10. Enter into a lease or arrangement for exploration and removal of minerals or
other natural resources or enter into a pooling or unitization agreement.

11. Abandon property when, in the opinion of the personal representative, it is
valueless, is so encumbered, or is in condition that it is of no benefit to the estate.

12. Vote stocks or other securities in person or by general or limited proxy.

13. Pay calls, assessments and other sums chargeable or accruing against or on
account of securities, unless barred by the provisions relating to claims.

14. Hold a security in the name of a nominee or in other form without disclosure of
the interest of the estate but the personal representative is liable for any act of the
nominee in connection with the security so held.

15. Insure the assets of the estate against damage, loss and liability and himself
against liability as to third persons.

16. Borrow money with or without security to be repaid from the estate assets or
otherwise, and advance money for the protection of the estate.

17. Effect a fair and reasonable compromise with any debtor or obligor, or extend,
renew or in any manner modify the terms of any obligation owing to the estate. If the
personal representative holds a mortgage, pledge or other lien upon property of another
person, he may, in lieu of foreclosure, accept a conveyance or transfer of encumbered
assets from the owner thereof in satisfaction of the indebtedness secured by lien.

18. Pay taxes, assessments, compensation of the personal representative and other
expenses incident to the administration of the estate.

19. Sell or exercise stock subscription or conversion rights, and consent, directly
or through a committee or other agent, to the reorganization, consolidation, merger,
dissolution or liquidation of a corporation or other business enterprise.

20. Allocate items of income or expense to either estate income or principal, as
permitted or provided by law.

21. Employ persons, including attorneys, auditors, investment advisors or agents,
even if they are associated with the personal representative, to advise or assist the
personal representative in the performance of his administrative duties, act without
independent investigation upon their recommendations and instead of acting personally,
employ one or more agents to perform any act of administration, whether or not
discretionary.

22. Prosecute or defend claims, or proceedings in any jurisdiction for the
protection of the estate and of the personal representative in the performance of his
duties.

23. Sell, mortgage or lease any real or personal property of the estate or any
interest therein for cash or credit or for part cash and part credit, and with or without
security for unpaid balances.

24. Continue any unincorporated business or venture in which the decedent was
engaged at the time of his death:

(a) In the same business form for a period of not more than four months from the
date of appointment of a general personal representative if continuation is a reasonable
means of preserving the value of the business including goodwill.

(b) In the same business form for any additional period of time that may be
approved by order of the court in a formal proceeding with notice to interested persons.

(c) Throughout the period of administration if the business is incorporated by the
personal representative and if none of the probable distributees of the business who are
competent adults object to its incorporation and retention in the estate.

25. Incorporate, or create a limited liability company to hold, any business or
venture in which the decedent was engaged at the time of his death.

26. Provide for exoneration of the personal representative from personal liability
in any contract entered into on behalf of the estate.

27. Satisfy and settle claims and distribute the estate as provided in this title.