The duties and powers of a personal representative commence upon his or her 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 thereafter. Prior to appointment, a person nominated to serve as personal representative in a will may carry out written instructions of the decedent or of the persons designated to control disposition of the decedent's last remains under section 15-19-106, relating to his or her body, anatomical gifts, funeral, and burial arrangements. A personal representative may ratify and accept acts on behalf of the estate done by others where the acts would have been proper for a personal representative.
Source: L. 73: R&RE, p. 1587, § 1. C.R.S. 1963: § 153-3-701. L. 2003: Entire section amended, p. 1355, § 3, effective August 6.
ANNOTATION
Law reviews. For article, "Practical Administrative Problems in Average-Sized Estates", see 27 Dicta 285 (1950). For article, "Testamentary Disposition of a Decedent's Body", see 18 Colo. Law. 435 (1989).
Annotator's note. Since § 15-12-701 is similar to repealed laws antecedent to CSA, C. 176, § 113, relevant cases construing those provisions have been included in the annotations to this section.
Even before probate of the will, the executor may employ an attorney to aid in securing moneys pertaining to the estate. In re Macky's Estate, 68 Colo. 556, 191 P. 106 (1920).
Prior to appointment as personal representative, a suit may not be maintained against executor. Stratton's Independence, Ltd. v. Dines, 126 F. 968 (D. Colo. 1904).
Absent an appointment, a designee for personal representative has limited powers and duties. Such powers and duties extend no further than the limited tasks described in this section. Estate of Rienks v. Rienks, 844 P.2d 1295 (Colo. App. 1992).
If no personal representative has ever been appointed, the "relation back" authority is insufficient to authorize a mere designee to accept presentment pursuant to § 15-12-804 (1). Estate of Rienks v. Rienks, 844 P.2d 1295 (Colo. App. 1992).
Better price available does not negate benefit to estate. The fact that a better price could have been obtained for the decedent's real property does not, under this section, negate the actual benefit to the estate resulting from decedent's son, prior to his appointment as personal representative, accepting payment from an option holder for purchase of the property. Brown v. Brown, 43 Colo. App. 535, 608 P.2d 840 (1980).