Liability of executor or administrator

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  • (a) An executor or administrator is chargeable in his account with all the property of the estate which may come into his possession at the value of the appraisement contained in the inventory, except as in this chapter otherwise provided.

  • (b) An executor or administrator shall not make profit by the increase in value of the property of the estate or suffer loss for the decrease in value or the destruction thereof without his fault. If any of the property of the estate sells for more than its appraised value he shall account for the excess, and if any such property sells for less than its appraised value he shall not be responsible for the loss, unless occasioned by his fault. He shall not be accountable for the debts due the estate if it appears that they remain uncollected without his fault. He shall not purchase any claim against the estate which he represents, and if he satisfies any such claim for less than its nominal value he is only entitled to charge in his account the sum actually paid.


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