A. The duties and powers of a personal representative commence upon his appointment. The powers of a personal representative relate back in time to give acts by the person appointed which are beneficial to the estate occurring prior to appointment the same effect as those occurring thereafter.
B. Prior to appointment, a person named personal representative in a will may carry out written instructions of the decedent relating to his body, funeral and burial arrangements.
C. A personal representative may ratify and accept acts on behalf of the estate done by others prior to the appointment of the personal representative where the acts would have been proper for a personal representative.
History: 1953 Comp., § 32A-3-701, enacted by Laws 1975, ch. 257, § 3-701.
ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 31 Am. Jur. 2d Executors and Administrators §§ 367 to 437, 522 to 531, 922 to 959.
Amount of funeral expenses allowable against decedent's estate, 4 A.L.R.2d 995.
Relation back of letters testamentary or of administration as validating prior sales of decedent's property, 2 A.L.R.3d 1105.
Running of statute of limitations as affected by doctrine of relation back of appointment of administrator, 3 A.L.R.3d 1234.
25A C.J.S. Dead Bodies § 2; 33 C.J.S. Executors and Administrators §§ 72, 142.