1. MCA Contents
  2. TITLE 72
  3. CHAPTER 3
  4. Part 6
  5. 72-3-601 Time of accrual of duties and powers -- power of executor prior to appointment -- ratification

Montana Code Annotated 2023

TITLE 72. ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS

CHAPTER 3. UPC -- PROBATE AND ADMINISTRATION

Part 6. Personal Representative Powers, Duties, and Compensation

Time Of Accrual Of Duties And Powers -- Power Of Executor Prior To Appointment -- Ratification

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.