2010 Massachusetts Code
PART II REAL AND PERSONAL PROPERTY AND DOMESTIC RELATIONS
TITLE II DESCENT AND DISTRIBUTION, WILLS, ESTATES OF DECEASED PERSONS AND ABSENTEES, GUARDIANSHIP, CONSERVATORSHIP AND TRUSTS
CHAPTER 195 GENERAL PROVISIONS RELATIVE TO EXECUTORS AND ADMINISTRATORS
Section 17 Liability of executor or administrator

[Text of section effective until July 1, 2011. Repealed by 2008, 521, Sec. 14. See 2008, 521, Sec. 44.]

Section 17. Unless otherwise provided in the contract, an executor or administrator shall not be individually liable on a contract properly entered into in his fiduciary capacity in the course of administration of the estate unless he failed to reveal his representative capacity and identify the estate in the contract.

An executor or administrator shall be 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 he was personally at fault.

Claims based on contracts entered into by an executor or administrator in his fiduciary capacity, on obligations arising from ownership or control of the estate or on torts committed in the course of administration of the estate may be asserted against the estate by proceeding against the personal representative in his fiduciary capacity, whether or not the personal representative is individually liable therefor.

Issues of liability between the estate and an executor or administrator individually may be determined by an accounting, surcharge, indemnification or other appropriate proceeding.