2015 Connecticut General Statutes
Title 45a - Probate Courts and Procedure
Chapter 802b - Decedents’ Estates
Section 45a-317 - (Formerly Sec. 45-249d). Powers and duties of temporary appointee. Removal. Account.

CT Gen Stat § 45a-317 (2015) What's This?

(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; P.A. 11-128, S. 19; P.A. 12-66, S. 13.)

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”; P.A. 11-128 amended Subsec. (a) to add “subsection (a) of” re reference to Sec. 45a-316; P.A. 12-66 amended Subsec. (a) to delete “subsection (a) of” re reference to Sec. 45a-316, effective January 1, 2013.

Annotations to former section 45-198:

History discussed; action to adjudicate a claim which existed against deceased at time of his death cannot be maintained against temporary administrator; 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. 153 C. 52.

Quaere whether temporary administrator may bring action for negligent death. 16 CS 429.

Annotations to former section 45-249d:

Cited. 19 CA 456.

Read together with Secs. 45-249c and 52-555, Subsec. (a) allows temporary administrator to commence wrongful death action. 40 CS 451.

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