SCPA § 905

Actions and proceedings maintainable by or against a temporary administrator 1 · as in force on May 31, 2026

§ 905. Actions and proceedings maintainable by or against a temporary

administrator

1. A temporary administrator may maintain any action or proceeding for the purpose of taking into his possession, securing and preserving all property of a decedent, absentee or internee or for determining the ownership of property.

2. Any action or proceeding may be maintained against a temporary administrator upon a debt of the decedent, absentee or internee or upon any cause of action to which the decedent, absentee or internee would have been a party in like manner and with like effect as if he were an administrator.

Official sourcehttps://www.nysenate.gov/legislation/laws/SCP/905

In plain English

A temporary administrator may litigate over estate property and may be sued like an administrator.

(1) The temporary administrator may bring an action to take possession of, secure, preserve, or determine ownership of a decedent’s, absentee’s, or internee’s property. ★
(2) An action may be brought against the temporary administrator on the person’s debt or on a claim to which that person would have been a party, with the same effect as against an administrator.

Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.

In print

This provision appears in Volume 1 — The Surrogate's Court in Plain English; Volume 2 — The Surrogate's Court Procedure Act; Volume 5 — Your Career: Surrogate's Court in Plain English.