14-3912. Private agreements among successors
to decedent binding on personal representative
Subject to the rights of creditors and taxing authorities, competent successors may
agree among themselves to alter the interests, shares, or amounts to which they are
entitled under the will of the decedent or under the laws of intestacy, in any way that
they provide in a written contract executed by all who are affected by its
provisions. The personal representative shall abide by the terms of the agreement
subject to his obligation to administer the estate for the benefit of creditors, to pay
all taxes and expenses of administration, and to carry out the responsibilities of his
office for the benefit of any successors of the decedent who are not parties. Personal
representatives of decedents' estates are not required to see to the performance of
trusts if the trustee thereof is another person who is willing to accept the
trust. Accordingly, trustees of a testamentary trust are successors for the purposes of
this section. This section does not relieve trustees of any duties owed to beneficiaries
of trusts.
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