This section is from the book "Popular Law Library Vol10 Criminal Law, Criminal Procedure, Wills, Administration", by Albert H. Putney. Also available from Amazon: Popular Law-Dictionary.
During the time which intervenes between the death of the testator and the appointment of the executor, the executor is usually granted by the statute such powers which extend to the burial of the deceased, the payment of the necessary funeral expenses, taking care of the estate. He is justified in doing these things before the probating of the will, and is protected for doing so by the court if he qualifies under the will at some later time. If the will, however, is refused probate when presented, the executor is not liable personally - ordinarily for his acts; he is entitled to reimbursement and credit for what he has done on behalf of the estate. The appointment by the court, of course, relates back to the death of the deceased. He may do all things incident to the executorship which do not require of him that he establish his title in an affirmative manner.
 
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