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General powers of temporary administrator 1
Surrogate's Court Procedure Act (SCP) CHAPTER 59-A, ARTICLE 9
§ 903. General powers of temporary administrator

1. 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.