Sec. 45a-316. (Formerly Sec. 45-249c). Appointment of temporary administrator to preserve assets.
Sec. 45a-316. (Formerly Sec. 45-249c). Appointment of temporary administrator to preserve assets. Whenever, upon the application of a creditor or other person
interested in the estate of a deceased person, it is found by the court of probate having
jurisdiction of the estate that the granting of administration on the estate or the probating
of the will of the deceased will be delayed, or that it is necessary for the protection of
the estate of the deceased, the court may, with or without notice, appoint a temporary
administrator to hold and preserve the estate until the appointment of an administrator
or the probating of the will. The court shall require from such administrator a probate
bond. If the court deems it more expedient, it may order any state marshal or constable
to take possession of the estate until the appointment of an administrator or executor.
(1949 Rev., S. 6982; P.A. 80-476, S. 295; P.A. 96-202, S. 5; P.A. 00-99, S. 85, 154.)
History: P.A. 80-476 rephrased provisions; Sec. 45-197 transferred to Sec. 45-249c in 1981; Sec. 45-249c transferred
to Sec. 45a-316 in 1991; P.A. 96-202 deleted references to "insolvent debtor", "appointment of a trustee in insolvency",
"insolvent person" and "trustee"; P.A. 00-99 replaced reference to deputy sheriff with state marshal, effective December
1, 2000.
Annotations to former section 45-197:
History discussed. 153 C. 58-61. Action to adjudicate a claim which existed against deceased at time of his death cannot
be maintained against temporary administrator. Id., 61. Temporary administrators are not general representatives of the
estate but emergency officers with but limited custodial duties and authority to care for and preserve the estate until an
executor or general administrator is ascertained or appointed as its proper legal representative. Id., 61.
Cited. 16 CS 430.
Annotations to former section 45-249c:
Cited. 1 CA 535.
Read together with Sec. 45-249d(a) and Sec. 52-555 allows a temporary administrator to commence a wrongful death
action. 40 CS 451.