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NORTH CAROLINA STATUTES AND CODES

§ 28A-13-1. Time of accrual of duties and powers.

Article 13.

Representative's Powers,Duties and Liabilities.

§ 28A‑13‑1.  Timeof accrual of duties and powers.

The duties and powers of apersonal representative commence upon his or her appointment. The powers of apersonal representative relate back to give acts by the person appointed whichare beneficial to the estate occurring prior to appointment the same effect asthose occurring thereafter. However, a person named executor in a will may,prior to appointment, carry out written instructions of the decedent relatingto the decedent's body, funeral and burial arrangements; provided that a healthcare agent authorized in a valid health care power of attorney to make body,funeral, and burial arrangements shall have precedence in making thesearrangements, both before and after qualification of the decedent's personalrepresentative, to the extent provided in G.S. 32A‑19(b). A personalrepresentative may ratify and accept acts on behalf of the estate done byothers where the acts would have been proper for a personal representative. (1973, c. 1329, s. 3; 2007‑502,s. 17.)

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