Also known as: special administrators · temporary administrator
Written by attorneys — see sources below.
A temporary personal representative appointed to collect, preserve, and manage a decedent's assets pending the appointment of a general personal representative. The special administrator possesses only the powers necessary to perform those limited duties and must deliver the assets upon the general representative's qualification. Appointment terminates automatically upon the general representative's appointment or as otherwise provided in the order.
After Scott Summers died, the court appointed Sabrina Shah special administrator to safeguard his business records and bank accounts. Sabrina collected the assets and preserved them without mailing appointment information to any heirs or devisees. When a general personal representative later qualified, Sabrina delivered the assets and her role ended.
Sarah Sullivan received appointment as special administrator of Sean Steele's estate containing farm equipment and livestock. She secured the property and arranged for its care but prepared no itemized list of values or encumbrances. Upon the general representative's qualification three months later, Sarah transferred everything without having filed an inventory.
A special administrator must collect and manage estate assets, preserve them, account for them, and deliver them to the general personal representative upon qualification. The special administrator holds only the powers of a personal representative that are necessary to carry out those tasks.
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The appointment terminates according to the terms of the appointing order or upon the appointment of a general personal representative. In other cases termination follows the procedures applicable to removal or resignation of personal representatives.
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No. The statute expressly excepts any special administrator from the duty to send appointment information within thirty days. Only general personal representatives must provide that notice.
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No. The inventory requirement within three months applies only to a personal representative who is not a special administrator or a successor who already performed the task. Special administrators are therefore exempt from preparing and distributing the inventory.
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A special administrator may be needed to protect assets immediately when a general appointment is delayed, such as during a pending formal testacy proceeding or when informal appointment is unavailable. The limited role allows prompt preservation without full administration duties.
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