Section 1306. Powers 1  


Latest version.
  • If any person to whom a certificate and receipt are presented by a
      voluntary administrator refuses to pay, deliver, transfer  or  issue  to
      the  voluntary  administrator any personal property of the decedent, the
      voluntary administrator may maintain an action or proceeding to  recover
      or  compel  the delivery of the property, or to enforce a contractual or
      quasi contractual claim owned by decedent, provided the amount  claimed,
      together  with  all  other assets of the estate to be administered under
      this article, does not exceed the monetary amount  defined  as  a  small
      estate  pursuant  to subdivision one of section 1301 of this article. In
      such action or proceeding, a certified copy of the  affidavit  shall  be
      prima facie proof of the facts therein stated.
        2. A voluntary administrator may sell for its reasonable value in cash
      any  personal  property  of  the  decedent  coming  into  the  voluntary
      administrator's possession.
        3. For the purpose of this article, a voluntary administrator shall be
      deemed to be the fiduciary of the  estate  until  another  fiduciary  is
      appointed,   and   except   as   hereinafter   provided,  the  voluntary
      administrator shall have the rights, powers and duties with  respect  to
      personal  property  of  an  administrator duly appointed for the estate.
      The voluntary administrator shall have no power to enforce a  claim  for
      the wrongful death of or a claim for personal injuries to the decedent.
        Upon  the  appointment  and  qualification of another fiduciary of the
      estate, the powers of the voluntary administrator shall cease.