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The special administrator shall collect, manage, and preserve property of the estate and shall account to the personal representative subsequently appointed. The special administrator shall have such further powers and duties as the court may order.
If the person named in the will cannot act or there is no will, then there's an order of priority for who may be appointed a personal representative. The order of priority is any surviving spouse or domestic partner, then a child, then a grandchild, then a parent, and then a sibling.
Ideally, you should be able to close the estate within 13 months of the decedent's death. However, depending on the size and complexity of the estate, it may take longer. In any case, it's important to keep meticulous records throughout the process to prove to the court that you've fulfilled all your fiduciary duties.
Special Administrator: an administrator of an estate appointed by the court when it is necessary to protect and manage property prior to the appointment of a personal representative. (A special administrator has limited powers.)
This is done by filing a ?Petition for Declaration of Completion of Administration? along with any supporting documentation. The court will review your petition and, if everything ticks, will issue an Order Closing Estate. With this order, you can distribute any remaining assets to the rightful heirs and beneficiaries.
In most cases, the terms executor and personal representative are used interchangeably. They are the person or organization responsible for compiling the assets of an estate, paying creditors, and distributing the remaining assets to the estate heirs. A special administrator is essentially a temporary executor.
In order to obtain Letters of Administration, you must first submit the following documents to the probate courts: The person's death certificate. Will (if available) Probate court petition. A brief statement of the person's assets. List of interested persons. A bond to serve as personal representative.
Becoming an Executor A common misunderstanding is that nomination in the decedent's last will and testament alone enables the individual to act on behalf of the estate. A nominated personal representative must petition the orphan's court of the proper county to be appointed to serve as the personal representative.