The public administrator and guardian or sheriff shall, by virtue of his office and the order of court, be the administrator or administrator de bonis non, or if there is a will, administrator with the will annexed, and shall have all the rights and powers and be subjected to the same liabilities and be governed by the same laws prescribed for administrators and guardians. If the sheriff is acting, his powers, rights, duties and liabilities shall not expire with his office of sheriff. The court may, however , at any time, set aside the order entrusting the estate to the public administrator and guardian or sheriff and allow an executor or administrator to qualify.
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