Powers of surviving personal representative

Unless the terms of the will otherwise provide, when one or more persons nominated as co - representatives fail or refuse to qualify or accept appointment as personal representative, or when the appointment of one or more co - representatives is terminated as provided in §§ 29A-3-609 to 29A-3-612 , inclusive, the representative or representatives appointed or remaining in office shall proceed to administer the estate and may exercise all of the powers incident to the office. Source: SL 1994, ch 232 , § 3-718.