The general powers and duties of executors and administrators include: - Having access to and examining books and papers relating to partnership business - Examining and making inventories of the deceased's property - Maintaining houses, structures, and fences belonging to the estate and delivering them in repair to heirs when directed by the court. - Having the right to possess and manage the deceased's real and personal estate as needed for debt payment and administration expenses. However, this right is not absolute and expires once debts and expenses are paid.

1. Rule 84
“ General Powers and
Duties of Executors and
Administrators”

2. 1.01 WHAT ARE THE GENERAL
POWERS AND DUTIES OF
EXECUTORS AND
ADMINISTRATORS?

3. The general power and duties are
the following:
a) Shall at all times have access to,
and may examine and take
copies of, books and papers
relating to the partnership
business,

4. b) May examine and make
invoices of the property
belonging to such properties,

5. c) Shall maintain in tenantable
repair the houses and other
structures and fences belonging
to the estate, and deliver the
same in such repair to the heirs
or devisees when directed so to
do by the court,

6. d) Shall have the right to the
possession and management of
the real as well as the personal
estate of the deceased so long
as it necessary for the payment
of the debts and the expenses of
administration.

7. 1.02 IS THE RIGHT OF AN EXECUTOR
OR ADMINISTRATOR TO THE
POSSESSION AND MANAGEMENT
OF PROPERTIES LEFT BY THE
DECEASED ABSOLUTE?

8. The right of an executor or
administrator to the possession and
management of the real and personal
properties of the deceased is not
absolute and can only be exercised
“so long as it is necessary for the
payment of the debts and expenses of
the administration.”

9. 1.03 IN THE EXERCISE OF THE
POWERS OF ADMINISTRATION BY
THE EXECUTOR OR
ADMINISTRATOR, MUST THERE BE
LEAVE OF COURT?

10. An administrator or executor has
all the powers necessary for the
administration of the estate and
which powers he can exercise
without leave of court.

11. It has long been held that the
constitution of the lease over
property of the state is an act of
administration and leave of court is
not required.

12. In the following circumstances,
however, leave of court is necessary
as the acts are not considered
within the power of administration,
to wit;

13. An administration of an intestate
cannot exercise the right of legal
redemption over a portion of the
property owned in common sold by
one of the other co-owners since
this is not within the powers of
administration.

14. Where estate of a deceased
person is already the subject of a
testate or intestate proceeding the
administrator cannot enter into any
transaction involving it without any
prior approval of the Court.