Section 3-701
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 which are beneficial to the estate occurring prior to appointment the same effect as those occurring thereafter. 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. A personal representative may ratify and accept acts on behalf of the estate done by others if the acts would have been proper for a personal representative.
Comment
This section codifies the doctrine that the authority of a personal representative relates back to death from the moment it arises. It also makes it clear that authority of a personal representative stems from the personal representative's appointment. The sentence concerning ratification is designed to eliminate technical questions that might arise concerning the validity of acts done by others prior to appointment. Section 3-715(21) relates to delegation of authority after appointment. The third sentence accepts an idea found in the Illinois Probate Act, § 79 [S.H.A. ch. 3, § 79].
Massachusetts comment
Under prior Massachusetts law, the personal representative has no authority over the disposition of the decedent's body. See Newhall, Settlement of Estates § 1:10. If there is no spouse, the next of kin control, Riley, Estate Administration § 1.
Nothing in this Part is intended to supersede the provisions of Part 6 relating to special personal representatives.