Title 53, Chapter 7, Section 5
( 53-7-5)
(a) If more than one personal representative is qualified and unless
the will provides otherwise: (1) The personal representatives must act by their unanimous
action; provided, however, that while a personal representative is
unable to act because of inaccessibility, illness, or other
incapacity, or when a vacancy occurs for any other reason, the
remaining personal representatives may act as if they were the
only personal representatives if necessary to administer the
estate; and (2) The personal representatives may delegate in writing to one or
more of them the authority to act for all of them; provided,
however, that all the personal representatives remain liable for
the actions of the personal representative who is authorized to
act. (b) If more than one personal representative is qualified and unless
the will provides otherwise, a personal representative is liable for
a breach committed by another personal representative: (1) By participating in a breach of fiduciary duty committed by
the other personal representative; (2) By approving, knowingly acquiescing in, or concealing a breach
of fiduciary duty committed by the other personal representative; (3) By negligently enabling the other personal representative to
commit a breach of fiduciary duty; or (4) By neglecting to take reasonable steps to compel the other
personal representative to redress a breach of fiduciary duty in a
case where the personal representative knows or reasonably should
have known of the breach of trust. (c) When safe deposit boxes or receptacles are leased or rented to
fiduciaries, including executors, administrators, guardians,
trustees, custodians, receivers, and the like, the fiduciary or
fiduciaries, as lessee or renter, may authorize the entering of the
box or receptacle by one or fewer than all of them or by any other
person without the presence or consent of the fiduciary or
fiduciaries. Upon receipt of the written authorization, the bank or
lessor may without liability authorize access to the box or
receptacle in accordance with such authorization. Upon cancellation
of the authorization, the bank or lessor may require the presence of
all lessees or renters for access. |