(a) Except to the extent the order appointing a special administrator prescribes terms, the special administrator has the power to do all of the following without further order of the court:
(1) Take possession of all of the real and personal property of the estate of the decedent and preserve it from damage, waste, and injury.
(2) Collect all claims, rents, and other income belonging to the estate.
(3) Commence and maintain or defend suits and other legal proceedings.
(4) Sell perishable property.
(b) Except to the extent the order prescribes terms, the special administrator has the power to do all of the following on order of the court:
(1) Borrow money, or lease, mortgage, or execute a deed of trust on real property, in the same manner as an administrator.
(2) Pay the interest due or all or any part of an obligation secured by a mortgage, lien, or deed of trust on property in the estate, where there is danger that the holder of the security may enforce or foreclose on the obligation and the property exceeds in value the amount of the obligation. This power may be ordered only on petition of the special administrator or any interested person, with any notice that the court deems proper, and shall remain in effect until appointment of a successor personal representative. The order may also direct that interest not yet accrued be paid as it becomes due, and the order shall remain in effect and cover the future interest unless and until for good cause set aside or modified by the court in the same manner as for the original order.
(3) Exercise other powers that are conferred by order of the court.
(c) Except where the powers, duties, and obligations of a general personal representative are granted under Section 8545, the special administrator is not a proper party to an action on a claim against the decedent.
(d) A special administrator appointed to perform a particular act has no duty to take any other action to protect the estate.
(Enacted by Stats. 1990, Ch. 79.)
Last modified: October 25, 2018