Idaho Code § 15-3-709
This is the official text of Idaho Code § 15-3-709, part of Idaho’s Code — part of the compiled statutory law of Idaho, published by the state as "Code." Browse the sections below, each linked to its official government source.
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15-3-709 DUTY OF PERSONAL REPRESENTATIVE — POSSESSION OF ESTATE.
Official statutory text
PART 7.
DUTIES AND POWERS OF PERSONAL REPRESENTATIVES
15-3-709. Duty of personal representative — Possession of estate. Except as otherwise provided by a decedent's will, every personal representative has a right to, and shall take possession or control of, the decedent's property, except that any real property or tangible personal property may be left with or surrendered to the person presumptively entitled thereto unless or until, in the judgment of the personal representative, possession of the property by him will be necessary for purposes of administration. The request by a personal representative for delivery of any property possessed by an heir or devisee is conclusive evidence, in any action against the heir or devisee for possession thereof, that the possession of the property by the personal representative is necessary for purposes of administration. The personal representative shall pay taxes on, and take all steps reasonably necessary for the management, protection and preservation of, the estate in his possession. He may maintain an action to recover possession of property or to determine the title thereto.
History:
[I.C., sec. 15-3-709, as added by 1971, ch. 111, sec. 1, p. 233.]
DUTIES AND POWERS OF PERSONAL REPRESENTATIVES
15-3-709. Duty of personal representative — Possession of estate. Except as otherwise provided by a decedent's will, every personal representative has a right to, and shall take possession or control of, the decedent's property, except that any real property or tangible personal property may be left with or surrendered to the person presumptively entitled thereto unless or until, in the judgment of the personal representative, possession of the property by him will be necessary for purposes of administration. The request by a personal representative for delivery of any property possessed by an heir or devisee is conclusive evidence, in any action against the heir or devisee for possession thereof, that the possession of the property by the personal representative is necessary for purposes of administration. The personal representative shall pay taxes on, and take all steps reasonably necessary for the management, protection and preservation of, the estate in his possession. He may maintain an action to recover possession of property or to determine the title thereto.
History:
[I.C., sec. 15-3-709, as added by 1971, ch. 111, sec. 1, p. 233.]
Status: in_force · Read it on the official government site
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