§3-713. Sale, encumbrance or transaction involving conflict of interest; voidable; exceptions
151 words·~1 min read·
/me/title-18-c-probate-code/3-713A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Any sale or encumbrance to the personal representative, the personal representative's spouse, agent or attorney, or any corporation or trust in which the personal representative has a substantial beneficial interest, or any transaction that is affected by a substantial conflict of interest on the part of the personal representative, is voidable by any person interested in the estate except a person who has consented after fair disclosure, unless: [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
1. Express authorization by decedent. The will or a contract entered into by the decedent expressly authorized the transaction; or
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
2. Court approval. The transaction is approved by the court after notice to interested persons.
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]