When probate is necessary in order to administer a decedent’s estate, a Personal Representative must be appointed by a probate court. Personal Representatives and their duties, among other related topics, have been discussed often here at Epilawg, like: handling creditors’ claims, figuring out real property, and utilizing death certificates. In Minnesota, Personal Representatives can be appointed either through an informal process or a formal process.
What has not been discussed is when it may take too long to have a Personal Representative appointed (which can take up to 6 to 8 weeks), plus there are time-is-of-the-essence factors or the existence of a contest, so a Special Administrator must be appointed immediately to deal with these estate matters.
Unique Assets
An estate may contain special assets like pets or businesses that need to be dealt with immediately, so proceeding with an informal probate may take too long. Therefore, an option is to proceed formally to have a Special Administrator appointed in these emergency-type situations.
Disagreements
Another reason a Special Administrator may need to be appointed is when it appears that there is disagreement over who should be appointed Personal Representative, so the administration of the estate and preservation of its assets may be threatened. The probate court can step in and appoint a Special Administrator.
Special Administrators: The Basics
A Special Administrator may be an individual or an institution. Typically the person nominated in a Will as Personal Representative can be appointed a Special Administrator until the Will is properly probated. Prior to appointment, a Special Administrator must post a bond. To apply for special letters of administration, a petition must be filed, a bond provided, order and acceptance. Termination of a Special Administrator occurs in accordance with the provisions of the order of appointment or on the appointment of a general Personal Representative.
If you have questions about Special Administrators, be sure to contact an attorney near you.
