§560:3-808  Individual liability of
personal representative.  (a)  Unless otherwise provided in the
contract, a personal representative is not individually liable on a contract
properly entered into in the personal representative's fiduciary capacity in the
course of administration of the estate unless the personal representative fails
to reveal the representative's capacity and identify the estate in the
contract.



(b)  A personal representative is individually
liable for obligations arising from ownership or control of the estate or for
torts committed in the course of administration of the estate only if the
personal representative is personally at fault.



(c)  Claims based on contracts entered into by
a personal representative in the personal representative's fiduciary capacity,
on obligations arising from ownership or control of the estate or on torts
committed in the course of estate administration may be asserted against the
estate by proceeding against the personal representative in the personal representative's
fiduciary capacity, whether or not the personal representative is individually
liable therefor.



(d)  Issues of liability as between the estate
and the personal representative individually may be determined in a proceeding
for accounting, surcharge or indemnification or other appropriate proceeding.
[L 1996, c 288, pt of §1]