Section 3-103
Except as otherwise provided in article IV, to acquire the powers and undertake the duties and liabilities of a personal representative of a decedent, a person shall be appointed by order of the court or a magistrate, qualify and be issued letters. Administration of an estate is commenced by the issuance of letters.
Comment
This section makes it clear that appointment by a public official is required before one can acquire the status of personal representative. “Qualification” is dealt with in Section 3-601. “Letters” are the subject of Section 1-305. Section 3-701 is also related, since it deals with the time of accrual of duties and powers of personal representatives.
See 3-108 for the time limit on requests for appointment of personal representatives.
In Article IV, Sections 4-204 and 4-205 permit a personal representative from another state to obtain the powers of one appointed locally by filing evidence of the personal representative's authority with a local Court.
Massachusetts comment
Under prior Massachusetts practice a Certificate of Appointment serves the same purpose as Letters. See Section 1-201(28).