US Lawyer Database

Section 717 – Powers of surviving personal representative.

75-3-717. Powers of surviving personal representative. Unless the terms of the will otherwise provide, every power exercisable by personal co-representatives may be exercised by the one or more remaining after the appointment of one or more is terminated, and if one of two or more nominated as co-executors is not appointed, those appointed may exercise […]

Section 718 – Compensation of personal representative and attorney.

75-3-718. Compensation of personal representative and attorney. (1) A personal representative and an attorney are entitled to reasonable compensation for their services. If a petition is filed which either directly or indirectly seeks approval of the personal representative’s compensation or the attorney’s compensation and if no objection is filed by an interested person to the […]

Section 706 – Employment of appraisers.

75-3-706. Employment of appraisers. The personal representative may employ a qualified and disinterested appraiser to assist him in ascertaining the fair market value as of the date of the decedent’s death of any asset the value of which may be subject to reasonable doubt. Different persons may be employed to appraise different kinds of assets […]

Section 707 – Duty of personal representative — Supplementary inventory.

75-3-707. Duty of personal representative — Supplementary inventory. If any property not included in the original inventory comes to the knowledge of a personal representative or if the personal representative learns that the value or description indicated in the original inventory for any item is erroneous or misleading, he shall make a supplementary inventory or […]

Section 708 – Duty of personal representative — Possession of estate.

75-3-708. Duty of personal representative — Possession of estate. Except as otherwise provided by a decedent’s will, every personal representative has a right to, and shall take possession or control of, the decedent’s property, except that any real property or tangible personal property may be left with or surrendered to the person presumptively entitled thereto […]

Section 701 – Time of accrual of duties and powers.

75-3-701. Time of accrual of duties and powers. The duties and powers of a personal representative commence upon his appointment. The powers of a personal representative relate back in time to give acts by the person appointed which are beneficial to the estate occurring prior to appointment the same effect as those occurring thereafter. Prior […]

Section 702 – Priority among different letters.

75-3-702. Priority among different letters. A person to whom general letters are issued first has exclusive authority under the letters until his appointment is terminated or modified. If, through error, general letters are afterwards issued to another, the first appointed representative may recover any property of the estate in the hands of the representative subsequently […]

Section 704 – Personal representative to proceed without court order — Exception.

75-3-704. Personal representative to proceed without court order — Exception. A personal representative shall proceed expeditiously with the settlement and distribution of a decedent’s estate and except as otherwise specified or ordered in regard to a supervised personal representative, do so without adjudication, order, or direction of the court, but may invoke the jurisdiction of […]

Section 705 – Duty of personal representative — Inventory and appraisement.

75-3-705. Duty of personal representative — Inventory and appraisement. Within three months after his appointment, a personal representative, who is not a special administrator or a successor to another representative who has previously discharged this duty, shall prepare an inventory of property owned by the decedent at the time of his death, listing it with […]