A. The special administrator must collect and preserve for the executor or administrator all the goods, chattels, debts and effects of the decedent, all incomes, rents, issues and profits, claims and demands, of the estate, must take the charge and management of, and enter upon and preserve from damage, waste and injury, the real estate, and for such and all other necessary purposes may commence and maintain or defend suits and other legal proceedings, as an administrator; he may sell such perishable property as the district court may order to be sold, and exercise such other powers as are conferred upon him by his appointment, but in no case is he liable to an action by any creditor on a claim against the decedent. He may obtain leave to borrow money, or to lease or mortgage real property, in the same manner as a general administrator.
B. If an executor or administrator is not appointed within sixty (60) days following the appointment of a special administrator, upon application to and approval by the court, the special administrator may, as provided by statute, give notice to creditors and, upon receipt of creditor's claims as required by statute, pay, with the approval of the probate court, such claims.
R.L.1910, § 6286; Laws 1955, p. 299, § 2; Laws 1980, c. 201, § 1, eff. Oct. 1, 1980.
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