72-3-601. Time of accrual of duties and powers -- power of executor prior to appointment -- ratification. (1) The duties and powers of a personal representative commence upon appointment. The powers of a personal representative relate back in time to give acts by the person appointed that are beneficial to the estate occurring prior to appointment the same effect as those occurring after appointment.
(2) Prior to appointment, a person named executor in a will may carry out written instructions of the decedent relating to the decedent's body, funeral, and burial arrangements.
(3) A personal representative may ratify and accept acts on behalf of the estate done by others when the acts would have been proper for a personal representative.
History: En. 91A-3-701 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-701; amd. Sec. 2347, Ch. 56, L. 2009.
Structure Montana Code Annotated
Title 72. Estates, Trusts, and Fiduciary Relationships
Chapter 3. Upc -- Probate and Administration
Part 6. Personal Representative Powers, Duties, and Compensation
72-3-602. Priority among different letters
72-3-603. Notice of appointment to heirs and devisees
72-3-605. Personal representative to proceed without court order -- power to invoke jurisdiction
72-3-606. Possession and protection of estate
72-3-607. Inventory -- appraisal
72-3-609. Supplemental inventory
72-3-610. General duties -- fiduciary
72-3-611. No surcharge for authorized acts generally -- limitation
72-3-613. Transactions authorized for personal representative
72-3-614. Power to recover property that is subject of void or voidable transfer
72-3-615. Transaction involving conflict of interest -- voidable -- exceptions
72-3-616. Improper exercise of power -- breach of fiduciary duty
72-3-617. Order restraining personal representative
72-3-618. Persons dealing with personal representative -- protection
72-3-619. Powers of personal representatives in general
72-3-621. Powers and duties of successor personal representative
72-3-622. Corepresentatives -- when joint action required
72-3-623. Persons dealing with single corepresentative -- protection
72-3-624. Powers of remaining corepresentative
72-3-625. through 72-3-630 reserved
72-3-631. Compensation of personal representative
72-3-632. Expenses of personal representative in estate litigation