HRS §560:3-808
When the Personal Representative Is Personally Responsible
This section explains when the person managing an estate (the personal representative) can be held personally responsible for debts or harm. Generally, they are not personally liable if they act properly for the estate, unless they hide that they are acting for the estate or are personally at fault. Claims can still be made against the estate itself.
courtscreditorspersonal representatives
The statute, as written — Individual liability of personal representative
(a) Unless otherwise provided in the contract, a personal representative is not individually liable on a contract properly entered into in the personal representative's fiduciary capacity in the course of administration of the estate unless the personal representative fails to reveal the representative's capacity and identify the estate in the contract. (b) A personal representative is 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 the personal representative is personally at fault. (c) Claims based on contracts entered into by a personal representative in the personal representative's fiduciary capacity, on obligations arising from ownership or control of the estate or on torts committed in the course of estate administration may be asserted against the estate by proceeding against the personal representative in the personal representative's fiduciary capacity, whether or not the personal representative is individually liable therefor. (d) Issues of liability as between the estate and the personal representative individually may be determined in a proceeding for accounting, surcharge or indemnification or other appropriate proceeding.
LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.