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“Articles Concerning Trusts, Wills, Probate, Family Law & more”
By Stephen C. Ross, Esq.
August 8, 2014 (San Diego County) – The main purpose of a “special administration” in probate is to give a specific person or entity the power to act on behalf of the estate on a temporary basis when no other person is authorized to do so. The California Probate Code provides broad authorization for appointment of a special administrator “if the circumstances of the estate require the immediate appointment of a personal representative . . . .”
Estate “circumstances” may require immediate appointment of a special administrator if, among other things: 1. No application has been made to appoint a personal representative; 2. Appointment of a personal representative is delayed at the beginning of probate; 3. An appeal is filed from an order revoking probate; 4. There is a pending will contest; or, 5. The general personal representative cannot act for any reason.
The probate court has complete discretion to determine if estate “circumstances” require a special administration and, if required, to appoint a special administrator.
Unless the court orders otherwise, special administrators may do the following without further court order: 1. Take possession of, and preserve, estate property; 2. Collect all claims, rent and other income of the estate; 3. Commence, maintain or defend lawsuits involving the estate, and, 4. Sell perishable property.
Stephen represents estate planning, trust, will, probate, trust administration, business formation, stepparent adoption and family law matters. He conducts estate planning and probate seminars throughout San Diego County. For more information or to schedule a seminar contact Stephen at (619) 795-8524, stephen@stephenrosslaw.com or visit www.stephenrosslaw.com.
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