When appointed as a personal representative, they step into a role laden with crucial responsibilities and authority for managing a deceased person's estate. This appointment marks the commencement of their duties and confers certain powers that can significantly impact the estate's affairs upon them.

Commencement of Duties and Retroactive Powers

The powers granted to a personal representative are prospective and retrospective. This means that their authority extends backward in time, allowing them to validate and administer actions taken for the benefit of the estate before their official appointment. Essentially, any beneficial acts performed by the appointed individual before their formal designation carry the same weight and effect as those performed afterward.

Pre-Appointment Responsibilities

Before formally assuming the role of personal representative, an individual nominated in a will has specific permissions. They may execute written instructions provided by the deceased or by those designated to oversee the disposition of the deceased's remains. This includes arrangements related to the decedent's body, anatomical gifts, funeral rites, and burial plans as stipulated under relevant legal statutes.

Ratification and Acceptance

Furthermore, a personal representative holds the authority to ratify and endorse actions carried out on behalf of the estate by others, provided these actions align with what is considered appropriate for a personal representative to undertake. This aspect of their role ensures that all legitimate actions taken in the estate's interest can be formally recognized and incorporated into the estate's management.