Sec. 45a-317. (Formerly Sec. 45-249d). Powers and duties of temporary appointee. Removal. Account.
Sec. 45a-317. (Formerly Sec. 45-249d). Powers and duties of temporary appointee. Removal. Account. (a) The temporary administrator or officer appointed pursuant to the provisions of section 45a-316 shall take immediate possession of all the
real and personal property of the deceased, collect the rents, debts and income thereof
and do any additional acts necessary for the preservation of the estate that the court
authorizes.
(b) Such administrator or officer may be authorized by the court to sell any personal
property of the estate which is perishable in its nature or which the court finds cannot
be retained to advantage, and may be further authorized to make up or complete any
stock or materials in an unfinished state, and to continue any business, so far as may be
necessary for the preservation of the same.
(c) Such administrator may be authorized by the court to sell or mortgage any real
property of the estate.
(d) Such administrator or officer shall file forthwith an inventory signed under penalty of false statement of all personal property of the deceased and, when ordered to do
so, shall exhibit to the court an account of his or her actions.
(e) Such administrator or officer may be removed by the court with or without notice
and a successor appointed whenever such action appears to the court advisable.
(f) Upon the appointment and qualification of the administrator or the administrator
with the will annexed or the qualification of the executor, such temporary administrator
or such officer shall exhibit forthwith to the court an account of his or her trust and
deliver to the administrator, executor or administrator with the will annexed all of the
estate of the deceased remaining in his or her hands.
(1949 Rev., S. 6983; P.A. 80-476, S. 296; P.A. 96-91, S. 2; P.A. 98-52, S. 14; P.A. 99-84, S. 19.)
History: P.A. 80-476 divided section into Subsecs., rephrased and rearranged provisions and substituted personal and
real "property" for personal and real "estate"; Sec. 45-198 transferred to Sec. 45-249d in 1981; Sec. 45-249d transferred
to Sec. 45a-317 in 1991; P.A. 96-91 inserted new Subsec. (c) re authorization of temporary administrator to sell real
property of the estate, relettering former Subsecs. (c) to (e) accordingly; P.A. 98-52 amended Subsec. (c) by authorizing
the mortgage of real property; P.A. 99-84 amended Subsec. (d) by deleting "under oath" and inserting "signed under penalty
of false statement".
Annotations to former section 45-198:
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.
Quaere whether temporary administrator may bring action for negligent death. 16 CS 429.
Annotations to former section 45-249d:
Cited. 19 CA 456.
Subsec. (a):
Read together with Sec. 45-249c and Sec. 52-555 allows temporary administrator to commence wrongful death action.
40 CS 451.