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N.C. Gen. Stat. § 28A-13-1

Time of accrual of duties and powers

Applied in 2 court decisions — leading case 69 N.C. App. 471 - Dumouchelle v. Duke University (1984)

Most recently applied in 200 N.C. App. 13 - Estate of Tallman v. City of Gastonia (September 2009)

1973, c. 1329, s. 3; 2007-502, s. 17; 2011-344, s. 4.

The duties and powers of a personal representative commence upon the personal representative's appointment. The powers of a personal representative relate back to give acts by the person appointed which are beneficial to the estate occurring prior to appointment the same effect as those occurring thereafter. However, a person named executor in a will may, prior to appointment, carry out written instructions of the decedent relating to the decedent's body, funeral and burial arrangements; provided that a health care agent authorized in a valid health care power of attorney to make body, funeral, and burial arrangements shall have precedence in making these arrangements, both before and after qualification of the decedent's personal representative, to the extent provided in G.S. 32A-19(b). 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.

Official source: North Carolina General Assembly. Reproduced from public-domain North Carolina statutes; confirm against the official source for the current text. Not legal advice.