Special administration is designed to be an interim role during select circumstances during probate. Whether you are chosen and appointed by the court or file a petition to become a special administrator, it is important to have a probate lawyer from Simplifying Probate on your side to navigate the process and responsibilities.
Reasons for Special Administration
Special administration is used when an estate requires protection during probate. These individuals have a limited scope of power and serve in a temporary role. A special administrator is appointed when delays occur in appointing a personal representative to oversee the estate, a personal representative is deceased or no longer has authority, no petition has been filed, or the extent of the estate is unknown.
How Special Administrators are Appointed
Special administrators are appointed by the court and given their assigned duties. A judge may initiate special administration in open court or in their chambers with or without notifying other interested parties. Once appointed, the special administrator must take an oath to uphold their obligations until such time as the court deems their role unnecessary.
Who Can Serve as a Special Administrator
Several types of individuals may be eligible to serve as a special administrator during probate, but they must be an interested party in the estate. According to NRS 139.040, the following parties are considered eligible and are prioritized accordingly:
- Surviving spouse
- Children
- Parents
- Siblings
- Grandchildren
- Next of kin
- Public administrator
- Creditors
- Any other legally qualified person
To be appointed, the eligible individual must be a Nevada resident, be allowed to bank within the state, be listed in the will as an executor, or serve as a guardian for a minor child or an incapacitated individual.
Responsibilities of Special Administrators
Special administrators operate in a limited capacity and do not have the same powers that a personal representative possesses. These individuals cannot distribute assets to heirs and beneficiaries, and they are not liable to creditors. However, depending on the specific duties they were given by the court, a special administrator’s responsibilities may include:
- Inventorying and protecting the decedent’s assets and estate for the executor or administrator
- Managing property and keeping it from damage
- Initiating, responding to, or perpetuating legal actions on behalf of the estate as a limited personal representative
- Selling perishable property
- Receiving permission to borrow, lease, or mortgage property in lieu of an executor or administrator, as needed
- Managing the financial aspects of the estate as permitted
Additionally, if a will is contested, the special administrator may act in an executor or administrator capacity if allowed by the court. In some instances, they may be fully appointed by the court, in which case they have the full responsibilities associated with a personal representative.
Seek Legal Representation for Special Administration
To ensure that all court-appointed duties are properly carried out, it is beneficial to hire an experienced and qualified lawyer. They can provide guidance on how to execute various administrative responsibilities, such as court filings and financial obligations. Book an appointment with Simplifying Probate to discuss your role as a special administrator