Title 53, Chapter 7, Section 1
( 53-7-1)
(a) The duties and powers of the personal representative commence
upon qualification. Such powers relate back to give acts performed
by the personal representative prior to qualification that are
beneficial to the estate the same effect as those acts performed
after qualification. The personal representative may ratify and
accept on behalf of the estate acts that are done by others that
would have been proper acts for the personal representative. A
personal representative is a fiduciary who, in addition to the
specific duties imposed by law, is under a general duty to settle
the estate as expeditiously and with as little sacrifice of value as
is reasonable under all of the circumstances. The personal
representative shall use the authority and powers conferred by law,
by the terms of any will under which the personal representative is
acting, by any order of court in proceedings to which the personal
representative is a party, and by the rules generally applicable to
fiduciaries to act in the best interests of all persons who are
interested in the estate and with due regard for their respective
rights. (b) As part of the petition for letters testamentary or letters of administration or by separate petition, the beneficiaries of a testate estate or the heirs of an intestate estate may, by unanimous consent, authorize but not require the probate court to grant to the personal representative any of the powers contained in Code Section 53-12-232. With respect to any beneficiary or heir who is not sui juris, the consent may be given by the guardian. The personal representative of a deceased beneficiary or heir is authorized to consent on behalf of that beneficiary or heir. The grant of powers may only be ordered after publication of a citation and without any objection being filed. The citation shall be sufficient if it states generally that the petition requests that powers contained in Code Section 53-12-232 be granted. |