Section 3-714
A person who in good faith either assists a personal representative or deals with a personal representative for value is protected as if the personal representative properly exercised power. The fact that a person knowingly deals with a personal representative shall not alone require the person to inquire into the existence of a power or the propriety of its exercise. Except for restrictions on powers of supervised personal representatives which are endorsed on letters as provided in section 3–504, no provision in any will or order of court purporting to limit the power of a personal representative is effective except as to persons with actual knowledge thereof. A person is not bound to see to the proper application of estate assets paid or delivered to a personal representative. The protection here expressed extends to instances in which some procedural irregularity or jurisdictional defect occurred in proceedings leading to the issuance of letters, including a case in which the alleged decedent is found to be alive. The protection here expressed is not by substitution for that provided by comparable provisions of the laws relating to commercial transactions and laws simplifying transfers of securities by fiduciaries.
Comment
This section qualifies the effect of a provision in a will which purports to prohibit sale of property by a personal representative. The provisions of a will may prescribe the duties of a personal representative and subject the personal representative to surcharge or other remedies of interested persons if the personal representative disregards them. See Section 3-703. But, the will's prohibition is not relevant to the rights of a purchaser unless the purchaser had actual knowledge of its terms. Interested persons who want to prevent a personal representative from having the power described here must use the procedures described in Sections 3-501 to 3-505. The section cannot control whether a purchaser takes free of the lien of unpaid state or federal estate taxes. Hence, purchasers from personal representatives appointed pursuant to this Code will have to satisfy themselves concerning whether estate taxes are paid, and if not paid, whether the tax lien follows the property they are acquiring. See Section 6234, Internal Revenue Code [26 U.S.C.A. § 6324] and G.L. c. 65C, § 14.
The purpose of the Code is to make the deed or instrument of distribution the usual muniment of title. See Section 3-907, 3-908, 3-910. However, this is not available when no administration has occurred and in that event reliance upon general recording statutes must be had.