ORS
114.385¹
Persons dealing with personal representative
- • protection
A person dealing with or assisting a personal representative without actual knowledge that the personal representative is improperly exercising the power of the personal representative is protected as if the personal representative properly exercised the power. The person is not bound to inquire whether the personal representative is properly exercising the power of the personal representative, and is not bound to inquire concerning the provisions of any will or any order of court that may affect the propriety of the acts of the personal representative. 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 of the provision or order. A person is not bound to see to the proper application of estate assets paid or delivered to a personal representative. The protection expressed in this section extends to a person dealing with or assisting a personal representative appointed under ORS 113.085 (Preference in appointing personal representative) without actual knowledge that the personal representative was not qualified as provided in ORS 113.095 (Persons not qualified to act as personal representatives) or that the appointment of the personal representative involved procedural irregularity. [1969 c.591 §135; 2017 c.169 §52]
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