Section 903. General powers of temporary administrator 1  


Latest version.
  • Letters  of  temporary administration shall confer upon the person
      named therein, subject to any  limitation  contained  in  an  instrument
      offered  for  probate,  all the powers and authority with respect to all
      real and personal property of a  decedent,  absentee  or  internee,  and
      subject him or her to all the duties and liabilities of an administrator
      with respect thereto except that they do not confer any authority to pay
      or to satisfy any testamentary disposition or intestate share.
        2.  Where a temporary administrator is appointed upon the estate of an
      absentee or internee and the estate includes an interest as a tenant  in
      common,  joint  tenant or tenant by the entirety of real property in the
      same or another county, the court may by order authorize  the  temporary
      administrator  to  join  with  the  other  tenants  or tenant in a sale,
      mortgage or lease of the real property or in a conveyance to  the  other
      tenants  or  tenant  upon such terms as may be approved by the court and
      assented to by the other tenants or tenant. The sale, mortgage or  lease
      may  be  authorized  without  limitation by the purposes, conditions and
      restrictions stated in article 19. The proceeds of a sale and the  rents
      received  upon  any  lease  made  pursuant  to this subdivision shall be
      apportioned according to the interest of the parties.
        3. A temporary administrator appointed upon the estate of an  absentee
      or internee has all the powers and authority enumerated in the preceding
      subdivisions  of  this  section  with  respect  to the real and personal
      property of the absentee or internee. The temporary administrator's acts
      done in pursuance of that authority are binding  upon  the  absentee  or
      internee,  if  living,  or his or her distributees or devisees, if he or
      she be dead.
        4. (a) The court may, in the order directing the issuance of temporary
      letters of administration or in one or  more  subsequent  orders,  limit
      such  letters to the receipt of assets specified in such order or orders
      and may prohibit the collection of any other assets of the decedent,  or
      may limit, restrict or authorize the person named in such letters in any
      manner  that  the  court deems advisable for the effective protection of
      the rights of all persons who may have an interest in the estate of  the
      decedent, absentee or internee.
        (b)  In such order or orders, the court may make such directions as it
      deems proper and necessary with respect to the custody and  preservation
      of  all  papers  and  records  of  the  decedent,  absentee or internee.
      Discovery and production of such papers and records shall be governed by
      article 31 of the civil practice law and rules.