Temporary or Special Probate Administrator Requirements by State
When may a probate court appoint a temporary, special, interim, or emergency administrator before or during ordinary estate administration, who may apply and be appointed, what notice, bond, powers, limits, accounting, turnover, and termination rules apply?
Jurisdictions
50 of 51 verified, 1 with no public source
Statutes checked
Every entry, oldest check August 28, 2026
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What this survey covers
This survey compares the short-term fiduciary a probate court or registrar may appoint to protect a decedent's estate before a general personal representative qualifies, while appointment is delayed or contested, after a vacancy, or when the ordinary fiduciary cannot act. States call the office a special administrator, temporary administrator, curator, or another name.
The table follows the appointment from its statutory trigger through the applicant, nominee, notice, bond, letters, powers, limits, duration, final account, and turnover. It does not decide whether an emergency exists or whether a particular person should seek, oppose, or receive the appointment.
The trigger and appointment route vary sharply
Minnesota separates informal and formal appointments. The registrar may act on an interested person's application when protection is needed before a general appointment, while the court may appoint after notice and hearing when necessary to preserve the estate or secure proper administration; an emergency permits a without-notice order. The nominated executor has priority while a will is pending, subject to a neutral-fiduciary exception. Minn. Stat. §§ 524.3-614 to -615.
Connecticut instead permits a creditor or other interested person to apply when ordinary administration or probate will be delayed or estate protection is necessary. The Probate Court may appoint with or without notice, must require a probate bond, and may place a state marshal or constable in possession instead. Conn. Gen. Stat. § 45a-316.
Florida uses the term curator. Formal notice to the person apparently entitled to letters is the baseline, but significant danger that property will be wasted, destroyed, or removed can support appointment without notice when notice would cause harmful delay. Florida also authorizes appointment in another proper case when necessary to protect the estate or heirs. Fla. Stat. § 733.501.
Limited office does not mean one uniform set of powers
Oregon is tightly custodial. Its special administrator may address property in danger and disposition of remains, and the court may authorize funeral, property-protection, and estate-administration expenses. But the statute bars approval, rejection, or payment of creditor claims and generally limits possession to endangered assets. ORS § 113.005.
Minnesota gives an informally appointed special administrator the personal- representative powers necessary to collect, manage, preserve, account for, and deliver assets. A formally appointed administrator instead has general powers except as limited by the appointment order, which may specify time, particular acts, or other terms. Minn. Stat. §§ 524.3-616 to -617.
Connecticut authorizes immediate possession, collection of rents, debts, and income, and court-authorized preservation acts. Additional court authorization may extend to perishable property, unfinished stock, a business, and the sale or mortgage of real property. Conn. Gen. Stat. § 45a-317.
Termination and handoff are part of the comparison
Oregon ends the special administrator's powers when a personal representative qualifies, then requires an account and asset delivery within 30 days after the general letters issue. Minnesota ends the appointment under its terms, on the general appointment, or through the ordinary termination provisions. Connecticut requires a prompt account and turnover when the executor or general administrator qualifies. These transition rules matter because temporary authority does not silently become ordinary long-term administration.
Scope boundaries
This is a neutral procedure survey. It does not prove danger, waste, delay, conflict, standing, priority, fitness, claim validity, or the need for a particular power. It does not prepare a local emergency motion, calculate bond, select a fiduciary, approve a transaction, direct a remains decision, settle a claim, make a distribution, or evaluate an account. Those questions depend on the complete will, petition, order, letters, bond, estate record, statewide and local rules, evidence, and current licensed advice.
State by state
Every column answered the same way for each jurisdiction. Open a state for the full page, with the statute text and the date it was checked.
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| State | Governing law, fiduciary name, stage, and court | Appointment trigger, urgency, delay, and showing | Applicant, nominee priority, and qualification | Notice, hearing, and without-notice route | Bond, acceptance, letters, and court restrictions | Property, business, remains, sale, and litigation powers | Claims, debts, expenses, and distribution limits | Duration, removal, replacement, and termination | Inventory, reports, account, turnover, compensation, and liability |
|---|---|---|---|---|---|---|---|---|---|
| Alabama verified 2026-08-29 | Special administrator ad colligendum under Ala. Code §§ 43-2-46 to -48; appointed and supervised by the probate judge before general testamentary or administration letters, including during a will contest or competing-applicant appeal delay |
May appoint in a will-validity contest, to collect a decedent's goods, in any other necessary case, or when competing applicants delay ordinary letters and appointment is necessary. No separate emergency or danger formula appears (§§ 43-2-46 to -47) |
Section 43-2-47 authorizes the probate judge to appoint but names no applicant or petitioner class, nominee priority, or special qualification rule for this office; it does not import ordinary intestate-administrator priority |
No fixed appointment notice, recipient list, hearing, or express ex parte route appears in §§ 43-2-46 to -47. A sale of appraised perishable or wasting goods uses whatever notice the probate judge prescribes (§ 43-2-47(c)) |
Court must require bond with specified sureties or accepted collateral; default amount is controlled estate capital plus one year's estimated income less specified restricted assets and land, subject to adjustment and the will-exemption/endangerment-or-waste rules. Powers commence on appointment; special letters conclusively evidence statewide authority (§§ 43-2-48, -831, -851) |
May collect goods, chattels, and debts owed to decedent; receipt payments; satisfy liens or mortgages paid to the administrator; preserve goods at reasonable court-approved expense; and sue for those purposes. Only appraised perishable or wasting goods may be sold, under court direction and judge-prescribed notice; no general realty, business, remains, or other-sale power is stated (§ 43-2-47) |
May collect debts owed to decedent, receipt payments, satisfy paid liens or mortgages, and incur reasonable court-approved preservation expense. Section 43-2-47 grants no general authority to present, allow, compromise, or pay estate creditor claims, pay ordinary debts, or distribute to successors |
No fixed term is stated. General testamentary or administration letters automatically end special authority; on demand, assets must pass to the rightful executor or administrator. Sections 43-2-46 to -48 state no separate removal, successor-special-administrator, or purpose-completion procedure |
Special administrator is exempt from the ordinary two-month inventory, but after general letters must on demand deliver all held assets and render a sworn account of all proceedings to probate court. Reasonable compensation is capped by the statutory 2.5%-of-property and 2.5%-of-disbursements ceilings, with possible extraordinary compensation; improper power exercise creates fiduciary-loss liability (§§ 43-2-47(d), -835, -840, -848) |
| Alaska verified 2026-08-29 | Special administrator under Alaska Stat. §§ 13.16.310-.330; a personal representative but not a general personal representative. The superior court supervises probate; its registrar handles informal appointment and the court handles formal appointment before general qualification, after death/disability termination, or when proper administration needs a limited fiduciary (§ 13.06.050) |
Informal: necessary to protect the estate before general appointment or after a prior appointment ends through death or disability. Formal: after notice/hearing, necessary to preserve the estate or secure proper administration, including when a general fiduciary cannot or should not act. Emergency permits a no-notice order (§§ 13.16.285, .310) |
Any interested person may apply or petition; the term includes heirs, devisees, children, spouses, creditors, beneficiaries, priority holders, and others with estate rights or claims. Pending will: named executor must serve if available and qualified; otherwise any proper person. Appointee must be at least 19 and not found unsuitable; ordinary appointment priority does not select a special administrator (§§ 13.06.050, 13.16.065, .315) |
Informal appointment by the registrar is without notice. Formal appointment ordinarily requires notice and hearing; an emergency permits appointment without notice. The special-administrator sections state no fixed notice period, recipient list, emergency affidavit, or mandatory later hearing (§§ 13.06.050, 13.16.310) |
Before letters, file any required bond and acceptance. Bond is the default unless the will expressly waives surety, heirs/devisees waive, the appointee is a qualified corporate fiduciary, or statutory collateral is deposited; the court may excuse or adjust bond. Amount generally covers estimated personal estate plus next-year income. Formal order may limit time, acts, powers, duties, or terms (§§ 13.16.245-.265, .325) |
Informal appointee collects, manages, preserves, accounts, delivers, and has only powers necessary for those duties. Formal appointee has general powers unless the order limits them, including property possession/protection, management, insurance, sale, mortgage, business continuation, and estate-protective litigation; no separate remains-disposition power appears in the special-administrator provisions (§§ 13.16.320, .325, .380, .390, .410) |
Informal authority is limited to powers necessary for collection, management, preservation, account, and delivery. Formal general powers include administration-expense payment, claim settlement, and distribution under the Probate Code unless the order narrows them; the special-administrator sections contain no separate claims or distribution rule (§§ 13.16.320, .325, .410) |
Terminates under the appointment order or on appointment of a general personal representative; otherwise ordinary termination rules apply. An interested person may seek cause removal after hearing and court-directed notice. Termination ends ordinary authority but preserves necessary protection, successor delivery, accounting, and prior-act liability (§§ 13.16.280, .295, .330) |
Special administrators are exempt from the ordinary 30-day appointment-information and three-month inventory duties. Informal appointee must account and deliver on general qualification; formal duties follow the order and termination law. Reasonable compensation and good-faith litigation expenses apply; improper power can create fiduciary liability, and termination does not erase prior liability or account/turnover duties (§§ 13.16.280, .320, .360, .365, .395, .430-.435) |
| Arizona verified 2026-08-29 | Special administrator, a personal representative distinct from a general personal representative, under A.R.S. §§ 14-1201 and 14-3614 to -3618; registrar handles informal appointment and superior court handles formal appointment |
Informal: necessary to protect estate before general appointment or after prior appointment terminated. Formal: necessary to preserve estate or secure proper administration, including when general representative cannot/should not act; emergency permits no-notice order (§ 14-3614) |
Any interested person applies informally or petitions formally. While a pending will-probate application/petition exists, named executor must be appointed if available and qualified; otherwise any proper person (§§ 14-1201(34), 14-3614, 14-3615) |
Informal registrar proceedings occur without notice to interested persons. Formal appointment follows notice and hearing; if emergency appears, court may appoint without notice (§§ 14-1201(33), 14-3614) |
General personal-representative bond applies unless will waiver, all-heir/devisee written waiver, listed institutional/public fiduciary, or qualifying spouse small-estate route; court may require bond when an interest is endangered. Formal order may limit powers/duties and set time, acts, or other terms (§§ 14-3603, 14-3617) |
Informal appointee collects, manages, preserves, accounts for, and delivers assets and has only necessary personal-representative powers. Formal appointee has general personal-representative power except as appointment limits, so transaction/litigation authority depends on general law and the order; no separate remains power stated (§§ 14-3616, -3617) |
Informal preservation route does not itself grant ordinary claim-payment or distribution authority beyond powers necessary for stated duties. Formal route carries general personal-representative powers unless the appointment/order limits them (§§ 14-3616, -3617) |
Ends under appointment order or on appointment of general personal representative; otherwise subject to §§ 14-3608 to -3611 termination rules. Informal appointee delivers assets when general representative qualifies; formal order may set specified time, acts, or other terms (§§ 14-3616 to -3618) |
Ordinary 90-day inventory expressly excludes special administrator. Informal appointee must account and deliver on general qualification; formal appointee carries order-defined general duties. Reasonable personal-representative compensation applies; §§ 14-3614 to -3618 state no special periodic-report, final-account deadline, bond-release, or surcharge formula (§§ 14-3706, -3719) |
| Arkansas verified 2026-08-29 | Ark. Code Ann. § 28-48-103; circuit-court probate special administrator before general appointment or after an executor/general administrator is serving, with or without removal |
Good cause shown. Section 28-48-103 states no narrower emergency, danger, delay, waste, contest, vacancy, or preservation formula |
Section 28-48-103 states no applicant class, nominee priority, or special qualification rule; the court appoints, and ordinary personal-representative law applies only as subsection (e) and the order permit |
Appointment without notice or on notice the court directs. No fixed recipient list, service method, notice period, hearing requirement, or post-appointment hearing appears in § 28-48-103(b) |
No special bond, acceptance, oath, or letters formula in § 28-48-103; ordinary personal-representative procedure applies unless general-only or displaced by order. Appointment order states any time, property, and particular-act limits |
No automatic subject-matter power list. Order may limit the office by time, specific property, or particular acts, with otherwise-applicable personal-representative law imported. Official precedent approved an order limited to wrongful-death and insurance litigation (§ 28-48-103(c), (e)) |
No separate claims, debt, expense, or distribution rule in § 28-48-103. Ordinary personal-representative procedure applies unless general-only or displaced by order; Arkansas Supreme Court confirms the ordinary nonclaim statute applies to special administrators |
Order may set a specified time or particular acts. Later general appointment does not automatically terminate an already-appointed special administrator; the offices may coexist, with or without general-fiduciary removal. No separate successor rule; appointment order is not appealable |
Reports as court directs and account to court when authority ends. Section 28-48-103 states no separate inventory, turnover deadline, compensation schedule, expense rule, surcharge formula, or bond-release rule; imported ordinary law and the order control |
| California verified 2026-08-28 | Special administrator under Cal. Prob. Code §§ 8540-8547; court-supervised short-term office before or alongside general appointment, with term, acts, and powers set by statute and order |
Estate circumstances require immediate appointment; court may grant powers appropriate to preservation and may appoint for a specified term, particular acts, or other ordered terms (§ 8540) |
No closed applicant class stated in §§ 8540-8547. Court ordinarily prefers the person entitled to general appointment, may appoint the public administrator, and may hear a particular-act request in the appointment petition (§ 8541) |
Appointment at any time without notice or on reasonable court-set notice. Particular-act approval may use the same notice and hearing; full general powers ordinarily require § 8003 appointment notice unless granted at an already-noticed general-appointment hearing (§§ 8541, 8545) |
Letters issue only after any court-required bond and the usual oath; particular-act letters must note the act. Will or all-beneficiary waiver can eliminate bond subject to statutory limits; court may require additional bond for general powers (§§ 8480-8482, 8542-8545) |
Unless order narrows them: possession and preservation, collection of claims/rents/income, estate litigation, and perishable-property sale without further order. Borrowing, leasing or encumbering land, specified secured-debt payments, other powers, and full general powers require court order (§§ 8544-8545) |
Without a § 8545 general-powers grant, special administrator is not the proper party to a claim action against decedent. Court may authorize specified secured-obligation payments; no ordinary distribution power stated, and creditor information must be listed at turnover (§§ 8544, 8546) |
Appointment may be term-, act-, or order-limited. Powers cease when general letters issue or court directs; court may let the special administrator finish a pending sale or other transaction (§§ 8540, 8546) |
Promptly deliver estate property and file/deliver a creditor-claim list; account like a general personal representative. Court fixes fiduciary and attorney compensation, ordinarily payable at close subject to stated exceptions and combined caps; no separate discharge or surcharge formula in §§ 8540-8547 (§§ 8546-8547) |
| Colorado verified 2026-08-29 | Special administrator, a personal representative distinct from a general personal representative, under C.R.S. §§ 15-10-201 and 15-12-614 to -618; registrar handles informal appointment and court handles formal appointment |
Informal: necessary to protect estate before general appointment or after prior representative's death/disability termination. Formal: necessary to preserve estate or secure proper administration, including when general representative cannot/should not act; emergency permits no-notice order (§ 15-12-614) |
Any interested person applies informally or petitions formally; court may initiate formal route. Pending-will named executor must be appointed if available and qualified; otherwise any proper person. Ordinary priority statute does not select special administrator (§§ 15-12-203(8), -614, -615) |
Informal registrar proceeding is without notice to interested persons. Formal appointment follows notice and hearing, but emergency permits appointment without notice (§§ 15-10-201(26), 15-12-614) |
Informal special appointment is an exception to no-bond default, but court may later excuse/adjust bond under § 15-12-604. Formal bond is court-order discretionary subject to will and statutory exceptions. Formal order may limit time, acts, duties, or other terms (§§ 15-12-603, -604, -617) |
Informal appointee collects, manages, preserves, accounts for, and delivers assets and has only necessary personal-representative powers. Formal appointee has general powers except as appointment limits, so property, income, business, remains, sales, and litigation depend on general law and order (§§ 15-12-616, -617) |
Informal or otherwise non-general special administrator is not a representative to whom claims may be presented. Formal appointee may receive a specific claim if expressly empowered or claims generally if formally given that authority; debt, expense, and distribution authority otherwise tracks formal general power and order limits (§§ 15-12-617, -804(5)) |
Ends under appointment order or on general appointment; otherwise subject to §§ 15-12-608 to -611. Termination ends representative authority but preserves asset-protection, accounting, delivery, and pretermination-liability duties (§§ 15-12-608, -618) |
Three-month inventory applies unless predecessor already discharged it. Informal appointee must account and deliver on general qualification; formal duties follow order/general law. Fiduciary receives reasonable compensation/costs subject to court review; termination does not discharge prior liability or account/delivery duties (§§ 15-10-602, 15-12-608, -616, -706) |
| Connecticut verified 2026-08-29 | Temporary administrator under Conn. Gen. Stat. §§ 45a-316 to -317 and 2026 Probate Court Rules 30.22, 35, and 39; Probate Court with estate jurisdiction, before ordinary administration or will probate is completed |
Court must find that granting administration or probating the will will be delayed, or that appointment is necessary to protect the estate. No separate emergency, immediate-danger, waste, or fixed-delay threshold is stated (§ 45a-316) |
Creditor or other person interested in the decedent's estate may apply. No nominated-executor priority, neutral-fiduciary preference, residence rule, age floor, or special qualification list in §§ 45a-316 to -317; court may instead place a state marshal or constable in possession if more expedient (§ 45a-316) |
Court may appoint with or without notice; statute states no fixed recipient, period, hearing, factual affidavit, or later-notice duty. Removal also may be with or without notice whenever advisable (§§ 45a-316 to -317(e)) |
Probate bond is statutory default. Rule 35 permits listed small/restricted-estate, corporate-fiduciary, will, or heir/beneficiary-waiver exceptions, but court may still require bond. If required, no decree/certificate before filing and appointment is ineffective until acceptance; corporate surety and assets-plus-receipts amount apply, subject to reductions (§§ 45a-139, 45a-316; Rules 35.1-.6) |
Immediate possession of all real/personal property; collect rents, debts, income; court-authorized preservation acts. Court may authorize sale of perishables or disadvantageous personalty, completion of unfinished stock/materials, necessary business continuation, and realty sale or mortgage. No express remains or litigation power in §§ 45a-316 to -317 (§ 45a-317(a)-(c)) |
May collect debts owed to the estate, but §§ 45a-316 to -317 state no authority to present, allow, reject, compromise, or pay claims against the decedent, pay ordinary debts or expenses, or distribute estate property; do not infer general-administrator powers from possession authority |
Office preserves estate until administrator appointment or will probate. Court may remove with or without notice and appoint a successor whenever advisable. On administrator appointment/qualification or executor qualification, temporary appointee must account and turn over the remaining estate forthwith (§§ 45a-316 to -317(e)-(f)) |
Inventory signed under penalty of false statement due forthwith; account whenever ordered and final account plus turnover due forthwith on general qualification. Rule 30.22 permits excusal of inventory/final report or account only if no assets or income were controlled. Fees are court-reviewable for reasonableness; bond secures faithful administration/accounting. No special surcharge or discharge formula (§§ 45a-139, 45a-317(d), (f); Rules 30.22, 39.1) |
| Delaware verified 2026-08-29 | No general short-term decedent-estate fiduciary office located in current Title 12 or statewide Court of Chancery Rules. Ordinary executor or administrator must receive testamentary or administration letters from county Register of Wills (12 Del. C. §§ 1501-1505) |
N/A — no statewide special/temporary appointment trigger, danger, waste, emergency, contest, delay, vacancy, conflict, or proper-administration standard located. Incapacitated named executor instead leads to coexecutor letters or ordinary administration with will annexed (§ 1503) |
N/A for a short-term office. Ordinary letters follow will nomination or § 1505 administration entitlement; no separate temporary applicant class, nominee priority, neutrality, or suitability rule located |
N/A — no statewide short-term petition, notice, hearing, ex parte, emergency, or later-hearing procedure located. Ordinary probate and letters procedure applies |
N/A for a short-term office. Ordinary personal representative files any required bond before receiving letters; bond is exceptional unless will requires it or Court of Chancery orders it (§§ 1521-1522) |
N/A — no short-term statutory power set. Section 1501 bars acting as executor or administrator without ordinary letters; property, business, sale, mortgage, remains, and litigation authority must come from ordinary appointment or another applicable order |
N/A — no short-term claims, debt, expense, or distribution authority located. Ordinary estate-administration law applies only after the appropriate letters issue |
N/A — no separate short-term office or termination event. Incapacity fallback produces ordinary coexecutor or administrator-with-will-annexed letters rather than an interim appointment (§ 1503) |
N/A — no short-term inventory, report, account, turnover, compensation, expense, surcharge, bond-release, or continuing-liability scheme located; ordinary executor/administrator rules apply after letters |
| District of Columbia verified 2026-08-29 | Special administrator under D.C. Code §§ 20-101 and 20-531 to -534 and Super. Ct. Prob. R. 105-106, 112-113, 205, and 209; a distinct office excluded from 'personal representative.' Probate Division of D.C. Superior Court appoints before ordinary qualification, during a successor gap, after removal notice, or for a sole-name safe-box will search |
General route: appointment must be necessary to protect property before a personal representative is appointed and qualified, or follows termination until a successor is appointed. A timely formal-probate request or removal notice reduces an existing representative to special-administrator powers. Rule 205 separately requires a solely owned safe-deposit box and reason to believe it contains the will (§§ 20-526 to -527, 20-531; Rule 205) |
Interested party, creditor, Register, or Court may initiate. Court may appoint any suitable person, giving special consideration to an immediately available likely personal representative. Section 20-303 applies its eleven priority classes, exclusions, within-class choice, written nomination, and good-cause variance. Appointee must be 18+, satisfy felony/citizenship/court-employee limits, and file nonresident service power if applicable. Rule 205 limits its nominee to petitioner or D.C. Bar member (§§ 20-303, 20-531; Rule 205) |
General petition follows Rule 105: serve parties and interested persons by e-service, first-class mail, or personal service no later than filing; response due 14 days; hearing is discretionary with Rule 106 notice. Neither § 20-531 nor Rule 105 states a general emergency/ex parte exception. Rule 205 uniquely lets court act before service or notice for the safe-box will search, then court sends appointment order to interested persons (Rules 105-106, 205) |
General special administrator must satisfy § 20-502 bond rules: will or competent-adult waivers may excuse interests, qualifying banks are exempt, and Court sets a penalty not above probable maximum D.C. real and personal estate value and may adjust it. Rule 205 safe-box appointee needs no bond. Cited text states no separate special-administrator acceptance, oath, or letters requirement; appointment order and any added powers control (§§ 20-502, 20-531 to -533; Rule 205) |
Automatic general duty and power reaches only what is necessary to collect, manage, and preserve property; Court may authorize additional duties and powers. No automatic special rule enumerates remains, business operation, sale, mortgage, distribution, or litigation authority. Rule 205 appointee may only enter listed safe boxes and deliver found testamentary instruments to Court (§ 20-533; Rule 205) |
Special administrator is excluded from statutory 'personal representative.' Claim enforcement cannot begin before a personal representative is appointed, and Chapter 9 assigns allowance, rejection, payment, and distribution-related claim duties to that representative. Thus no default claim, debt-payment, or beneficiary-distribution power follows special appointment; any proposed expense or other act must fit preservation authority or an express court-added power, without overriding Chapter 9 (§§ 20-101, 20-533, 20-901, 20-908 to -909) |
General appointment ends when a personal representative is appointed or through imported suspension/termination rules, including death, disability, resignation, removal, or closing. Removal imports listed cause, notice, and hearing; prior lawful acts remain valid. Special administrator accounts when personal representative is appointed. Rule 205 ends on filing will/report or 30 days after order, whichever first (§§ 20-523 to -526, 20-533 to -534; Rule 205) |
Rules 112 and 209 require verified inventory filed within 90 days, served with objection notice, and supplemented for later assets/material errors. Rules 113 and 209 require filed, audited accounts like supervised administration; § 20-533 requires property account on ordinary appointment. Section 20-751 uses reasonable compensation as default subject to Court's good-cause adjustment for special administrator. No special fixed account, turnover, surcharge, bond-release, or continuing-liability deadline is stated (§§ 20-533, 20-751; Rules 112-113, 209) |
| Florida verified 2026-08-28 | Curator under Fla. Stat. § 733.501; probate-court interim estate office used when necessary and as a bridge after accepted resignation until a successor personal representative is appointed (§ 733.503) |
Necessary appointment; significant danger that property will be wasted, destroyed, or removed plus harmful notice delay supports no-notice route. Other proper case may protect estate or heirs (§ 733.501(1)) |
Section 733.501 states no applicant class or nominee priority; formal notice goes to person apparently entitled to letters. Qualified banks, trust companies, savings institutions, and national banking associations may act as curators (§§ 733.305, 733.501) |
Formal notice to person apparently entitled to letters is baseline; court sets any other interested-person notice. No-notice appointment only for significant property danger when notice would delay appointment (§ 733.501(1)) |
Reasonable bond in court-set amount unless waived; banks and trust companies serving as curators need no bond. Section 733.501 states no separate oath or letters formula; court authorization defines functions (§ 733.501(2)) |
No automatic function list; court may authorize any duty or function of a personal representative. Section 733.501 does not separately name remains, business, sale, mortgage, or litigation powers (§ 733.501(1)) |
No automatic claims, debt-payment, expense, or distribution power stated; any such authority must fall within the personal-representative functions the court actually authorizes (§ 733.501(1)) |
No fixed general curator term in § 733.501; court may remove and surcharge. Vacancy curator under § 733.503 serves until successor personal representative appointment (§§ 733.501(4), 733.503) |
Court-required action reports, court review, and added frequency/documents as needed; reasonable compensation. Removal and surcharge apply, but §§ 733.501 and 733.503 state no fixed final-account or turnover deadline for an ordinary curator |
| Georgia verified 2026-08-28 | Temporary administrator under O.C.G.A. §§ 53-6-30 to -32; probate-court office for an unrepresented testate or intestate estate until discharge or a personal representative is appointed |
Estate is unrepresented; court may act at any time. No separate emergency, danger, waste, or minimum-delay showing in § 53-6-30(a) |
Statute states no closed petitioner class. Court appoints the eligible person serving estate's best interests; purported-will nominee has preference during specified devisavit vel non issue. Sui-juris individual eligible regardless of citizenship/residence; qualifying entities may serve (§§ 53-6-1, 53-6-30(b)) |
Initial temporary letters may issue without service or notice to anyone; no mandatory later hearing stated and grant is nonappealable. Later preservation spending, business/contracts/protective acts, compensation, and property dealings carry court-set, due, Chapter 11, or article-specific notice (§§ 53-6-30 to -31, 53-6-64, 53-7-4, 53-8-10) |
Temporary-administrator oath on qualification; bond ordinarily mandatory, subject to qualifying bank/trust-company and indeterminate-chose exceptions. Bond is 2x estate or 1x with licensed commercial surety, generally excluding realty until conversion. Court orders define added powers; no separate acceptance form in surveyed statutes (§§ 53-6-32, 53-6-50 to -51) |
May collect/preserve assets; sue for debts or personal property; participate in qualifying will-settlement action. Preservation spending needs approval and court-set notice. Contracts, business, and protective acts need proper orders and due notice; sale/other property dealing requires petition and good cause. No remains power stated (§§ 53-6-31, 53-7-4, 53-8-10(b)) |
Collecting debts means estate-side recovery. Actions may be brought against temporary administrator, but no automatic general power to pay estate debts or distribute beneficiaries in §§ 53-6-30 to -32. Preservation expenses need approval; contracts/business and property dealing require orders, notice, and good cause; specified year's-support duties may be ordered (§§ 53-3-21, 53-6-31, 53-7-4, 53-7-10, 53-8-10) |
No fixed term; temporary letters continue until discharge or personal-representative appointment. Successor substitutes in pending actions. Beneficiary/heir breach action may compel duties, appoint replacement, remove, and reduce compensation; temporary discharge follows personal-representative method (§§ 53-6-30 to -31, 53-7-52, 53-7-54) |
Surveyed temporary provisions state no fixed temporary inventory, periodic report, final-account, or turnover deadline; order, letters, bond, and discharge proceeding may control. Compensation is court-awarded reasonable compensation after Chapter 11 notice. Breach remedies include damages, performance, redress, replacement/removal, and compensation reduction; bond secures faithful duty (§§ 53-6-51, 53-6-64, 53-7-52, 53-7-54) |
| Hawaii verified 2026-08-29 | Special administrator under Haw. Rev. Stat. §§ 560:3-614 to -618; circuit court, with designated registrar, handles the office before general appointment, after prior appointment ends, or when preservation/proper administration requires another fiduciary |
Informal: necessary to protect estate before general appointment or after prior appointment ends by death/disability. Formal: after notice/hearing, necessary to preserve estate or secure proper administration, including when general representative cannot/should not act. Emergency permits no-notice appointment (§ 560:3-614) |
Any interested person may apply or petition, including spouse/reciprocal beneficiary and listed estate stakeholders. Pending will: named executor shall be appointed if available/qualified; otherwise any proper person. Ordinary § 560:3-203 priority does not govern special-administrator selection (§§ 560:1-201, 560:3-203, -614 to -615) |
Informal registrar route is without notice. Formal route requires notice/hearing; ordinarily notice goes to interested persons by mail/personal delivery ≥14 days before hearing, or 2-week publication for unknown persons with last publication ≥10 days before; court may change method/time for good cause. Emergency permits no notice (§§ 560:1-201, -401, 560:3-614) |
Before letters: acceptance and required bond. Informal special bond applies only on interested-party request plus court finding it desirable. Formal bond is court-order controlled, subject to will relief and request. A >$10,000 interested-person/creditor demand requires a court order. Default amount is estimated personalty plus next-year income; court may excuse/change bond. Formal order may limit time, acts, duties, or terms (§§ 560:3-601, -603 to -605, -617) |
Informal appointee collects, manages, preserves, accounts, delivers, and has only personal-representative powers necessary for those duties. Formal appointee has general-personal-representative powers unless the order limits them. Special sections do not separately list remains, business, sale, mortgage, lease, or litigation powers (§§ 560:3-616 to -617) |
No separate claims, debt, expense, or distribution rule in §§ 560:3-614 to -618. Informal power is limited to what the listed protective duties require; formal power presumptively equals general authority unless narrowed. Actual authority depends on route, general code, and order |
Terminates under appointment order or automatically on general appointment; otherwise general resignation/removal-for-cause provisions apply. General termination ends office powers except protection/delivery authority and preserves prior liability and account/turnover duties (§§ 560:3-608, -618) |
Special administrator is expressly excluded from 3-month inventory. Informal route requires account/delivery; termination preserves protection, account, delivery, and pretermination liability. Reasonable personal-representative compensation applies; no special periodic-report or fee formula (§§ 560:1-201, 560:3-608, -616, -706, -719) |
| Idaho verified 2026-08-29 | Special administrator under Idaho Code §§ 15-3-614 to -618; district court, with magistrates/judges acting as registrar, handles the office before general appointment, after prior appointment ends, or when preservation/proper administration requires another fiduciary |
Informal: necessary to protect estate before general appointment or after prior appointment ends by death/disability. Formal: after notice/hearing, necessary to preserve estate or secure proper administration, including when general representative cannot/should not act. Emergency permits no-notice appointment (§ 15-3-614) |
Any interested person may apply or petition. Pending will: named executor shall be appointed if available/qualified; otherwise any proper person. Ordinary § 15-3-203 priority does not govern special-administrator selection (§§ 15-3-203, -614 to -615) |
Informal registrar route is without notice. Formal route requires notice/hearing; ordinarily notice goes to interested persons by mail/personal delivery ≥14 days before hearing, or 3-week publication for unknown persons with last publication ≥10 days before; court may change method/time for good cause. Emergency permits no notice (§§ 15-1-201, -401, 15-3-614) |
Before letters: acceptance, oath, and required bond. Informal special administrator must give bond. Formal bond is court-order controlled, subject to will relief, interested-party request, cash/collateral, and bank/trust-company exceptions. Default amount is estimated personalty plus next-year income; court may excuse/change bond. Formal order may limit time, acts, duties, or other terms (§§ 15-3-601, -603 to -606, -617) |
Informal appointee collects, manages, preserves, accounts, delivers, and has only personal-representative powers necessary for those duties. Formal appointee has general-personal-representative powers unless the order limits them. Special sections do not separately list remains, business, sale, mortgage, lease, or litigation powers (§§ 15-3-616 to -617) |
No separate claims, debt, expense, or distribution rule in §§ 15-3-614 to -618. Informal power is limited to what the listed protective duties require; formal power presumptively equals general authority unless narrowed. Actual authority depends on route, general code, and order |
Terminates under appointment order or automatically on general appointment; otherwise general resignation/removal-for-cause provisions apply. General termination ends office powers except protection/delivery authority and preserves prior liability and account/turnover duties (§§ 15-3-608 to -611, -618) |
Special administrator is excluded from ordinary 30-day heir/devisee appointment information and 3-month inventory. Informal route requires account/delivery; termination preserves protection, account, delivery, and pretermination liability. Reasonable compensation and faithful-duty bond terms apply; no special periodic-report or fee formula (§§ 15-3-606, -608, -616, -705 to -706, -719) |
| Illinois verified 2026-08-28 | Administrator to collect under 755 ILCS 5/10-1 to 10-5; a Probate Act representative appointed by the circuit court in the proper probate county while a contingency delays ordinary decedent-estate letters (§§ 1-2.15, 5-1, 10-1) |
A contingency produces delay in ordinary letters and the court finds the decedent's estate liable to waste, loss, or embezzlement; no separate fixed emergency period or contest list (§ 10-1(a)(1)) |
Any interested person may petition; court may act on own motion. Appointee must satisfy administrator qualifications; selection is discretionary, with due consideration to named executor or, absent a named executor, § 9-3 preferences (§§ 9-1, 10-1) |
Article X prescribes no preappointment recipient, period, hearing, or express without-notice route for a deceased estate. Section 10-3's detailed ordinary and emergency notice rules apply only to a missing person's estate (§§ 10-1 to 10-3) |
Individual representative files oath and approved bond before duties; qualified trust corporation instead files acceptance and owes no ordinary Act bond. Bond amount follows personal-estate and realty-income factors. Article X requires court leave for powers beyond collection but no special notation in letters (§§ 1-2.15, 12-1, 12-2, 12-5) |
Automatically may sue for and collect personal estate and debts owed to decedent. Other administrator powers require court leave; ordinary sale, mortgage, and lease provisions then apply. Pending suit survives revocation and permits successor substitution. No automatic remains or business power stated (§ 10-4) |
Collecting debts due the decedent means collecting estate assets, not paying decedent debts. For a deceased estate, Article X states no automatic authority to allow, reject, compromise, or pay creditor claims, expenses, debts, or beneficiary distributions; broader administrator authority requires court leave. Section 10-4's express support, creditor-disbursement, and contract language is missing-person-only (§ 10-4) |
No fixed term. Powers cease and collecting letters are revoked automatically when testamentary or administration letters issue. General representative removal grounds and show-cause procedure apply; a successor representative may substitute in a surviving suit (§§ 10-4 to 10-5, 23-2 to 23-3) |
Verified inventory due within 60 days of collecting letters, with 60-day supplements. Revocation triggers verified account on court-set schedule; account-hearing notice is court-directed to unpaid creditors and interested persons. Reasonable compensation applies. No fixed Article X turnover deadline; representative and surety remain liable for withheld, wasted, embezzled, or misapplied property (§§ 14-1, 24-1 to 24-2, 24-18, 27-1) |
| Indiana verified 2026-08-29 | Special administrator appointed by the court under IC 29-1-10-15 before or during ordinary administration, including delayed letters, a will objection, or a directed estate-collection action |
Necessarily delayed letters; competent-person affidavit stating intermeddling or no authorized caretaker; filed will-probate objections; or sufficient-merit collection/property petition where the ordinary representative cannot or will not act vigorously (§§ 29-1-10-15, 29-1-13-16) |
Any competent person may file the intermeddling/no-caretaker affidavit; any interested person may bring the collection/property petition. The named executor is not disqualified, but no nominee priority is stated (§§ 29-1-10-15, 29-1-13-16) |
The collection/property route requires a hearing. Section 29-1-10-15 states no general appointment notice period, recipient list, hearing rule, or express without-notice appointment route; do not import the separate wrongful-death-only procedure |
Individual must take oath and give any required court-approved bond before special letters issue. Bond is otherwise unnecessary unless the will requires it or the court finds it needed for creditors/heirs/devisees. Order may limit time, property, or acts (§§ 29-1-10-3, 29-1-10-15, 29-1-11-1) |
Order controls; otherwise applicable personal-representative law generally applies. General law covers possession, rents, taxes, repairs, insurance, and litigation; business continuation needs court authorization. Collection-route appointee performs only the directed action; § 29-1-10-15 itself grants no distinct remains, sale, or mortgage power (§§ 29-1-10-15, 29-1-13-1, -3, -11, -16) |
Section 29-1-10-15 creates no special authority or ban for creditor claims, debts, expenses, or distributions; the appointment order and otherwise applicable personal-representative procedure control. General property duty includes paying property taxes (§§ 29-1-10-15, 29-1-13-1) |
Order may specify time, property duties, or particular acts. Ordinary removal law generally applies, including show-cause and emergency no-notice removal. Section 29-1-10-15 states no automatic termination on general appointment; authority ends under the order/court action and requires a termination account (§§ 29-1-10-6, -15) |
Unless the order provides otherwise, verified inventory is due within 2 months (court may extend); reports as directed; account on termination; just and reasonable compensation; ordinary loss/account liability and possible surcharge. No special turnover deadline (§§ 29-1-10-13, -15; 29-1-12-1; 29-1-16-1, -8) |
| Iowa verified 2026-08-29 | Temporary administrator under Iowa Code §§ 633.3(40), 633.342-.343, and 633.431-.432; Iowa District Court sitting in probate. Office may protect estate before general letters, perform court-ordered work during administration, or handle a personal-representative creditor conflict |
Before administration: probate or administration cannot be immediately granted from any cause. During administration: good cause and necessary court orders for proper administration. Claim conflict: personal representative is decedent's creditor, or all corepresentatives are creditors (§§ 633.342-.343, .431) |
Sections 633.342-.343 state no applicant class or nominee priority. Conflict route requires court appointment of a competent person. General fiduciary rules require adult resident suitability or qualifying nonresident/corporate status; court may remove a disqualified or unsuitable fiduciary (§§ 633.63-.65, .431) |
Sections 633.342-.343 and .431 state no fixed appointment notice recipient, period, hearing, emergency affidavit, or express ex parte route. Appeal from a § 633.342 or § 633.343 appointment does not stop the temporary administrator from acting. General removal uses show-cause process (§§ 633.65, .342-.343) |
Before duties: oath or penalty-of-perjury certification. Bond with sufficient surety is default, securing faithful duties and accounting; amount is personalty plus estimated annual income. Will, distributee, court, bank/trust-company, deposit, and other statutory waiver/reduction routes apply. Letters issue after oath/certification and required bond (§§ 633.168-.178) |
Preadministration appointee may collect, manage, preserve, and dispose of decedent property as court prescribes; may do all needful court-directed acts, including property sale. During administration, powers are the court orders necessary for proper administration. No separate remains, business-operation, mortgage, lease, or litigation list (§§ 633.342-.343) |
Preadministration administrator may pay claims only as court directs. When personal representative is creditor, claim-only temporary administrator investigates and recommends allowance/disallowance and states whether a legitimate dispute exists; contested-claim procedure follows unless court allows it. No ordinary beneficiary-distribution authority stated (§§ 633.342, .431-.432) |
Section 633.342 powers cease when general administration is granted and estate administration transfers to the holder of letters. Section 633.343 and claim-only route have no fixed term; court order/special matter controls. General fiduciary removal and successor rules cover disqualification, mismanagement, duty failure, death, removal, or accepted resignation (§§ 633.65-.66) |
Preadministration administrator files inventory in same manner as personal representative; conflict appointee files investigation report. General bond/account and fiduciary liability rules apply; no temporary-specific final-account deadline. Chapter gives personal representatives capped reasonable commissions and other fiduciaries itemized court-fixed compensation but does not specify which temporary-administrator classification controls (§§ 633.157, .160, .169, .197, .200, .342, .432) |
| Kansas verified 2026-08-29 | Special administrator under K.S.A. 59-710; Kansas District Court may appoint before a general executor/administrator or afterward without removal. Separate § 59-2239(2) tort-claim special administration is liability-only and outside this ordinary preservation route (§§ 59-102, 59-710, 59-2239) |
Good cause shown. Appointment may be pending general appointment or after general appointment without removal. Court may specify time, particular property duties, or particular acts; § 59-710 states no separate emergency, danger, waste, delay, or necessity test |
Section 59-710 names no applicant class, nominee priority, or special qualification rule. Any prehearing application must be a signed, verified petition stating petitioner's identity, interest/right to apply, jurisdictional facts, entitlement facts, and requested relief (§§ 59-2201 to -2202) |
Section 59-710 states no fixed notice recipient, method, period, hearing, later-hearing duty, or express without-notice/ex parte route. If notice is legally required or court-deemed necessary and otherwise unspecified, court orders reasonable notice to all interested persons with petition/attachments unless excused; listed persons may waive in writing (§ 59-2208) |
Court may require bond in a court-directed sum; bond is not automatic under § 59-710. Appointment may be limited by specified time, property, or acts, and order must state duties. Section states no special oath, acceptance, letters form, waiver, surety, or amount factors (§ 59-710) |
No automatic property, income, business, remains, sale, mortgage, lease, or litigation powers listed. The order-defined duties and any time/property/act limits control; a general fiduciary may remain in office concurrently when special appointment follows general appointment (§ 59-710) |
Section 59-710 states no ordinary authority to present, allow, reject, compromise, pay, or litigate claims; pay debts/expenses; or distribute property. Do not infer those powers from the title. Separate § 59-2239(2) permits a special administrator solely to defend/enforce a timely tort claim and restricts effect on estate distribution |
Order may set a time or end after property duties/particular acts; termination otherwise depends on order/court. Section 59-710 gives no separate removal/replacement rule and does not say general appointment automatically ends pending special authority. Termination triggers court account (§ 59-710) |
Make court-directed reports and account to court when authority ends; discretionary bond may secure duties. Section 59-710 states no special inventory, appraisal, periodic deadline, asset/record turnover, compensation, expenses, discharge, bond-release, surcharge, or personal-liability rule |
| Kentucky verified 2026-08-29 | Curator under KRS 395.410-.420; a Chapter 395 fiduciary appointed and supervised by District Court during a will-probate contest or another valid delay in general testamentary or administration letters (§§ 395.001, .410) |
Court may appoint during a contest about will probate or when any valid cause delays letters, to collect and preserve until probate is granted or the cause is removed. No separate emergency, danger, waste, vacancy, or quantified-loss test appears (§ 395.410(1)) |
General appointment application may be made by the person seeking office; decedent-curator statute names no special applicant class or priority. Appointee must fit § 395.005: qualifying Kentucky adult, authorized bank/trust company, or qualifying related nonresident; nonresident application adds resident process agent (§§ 395.005, .015) |
Court has discretion whether appointment application needs a hearing. If ordered, written time/place/purpose notice is mailed at least 5 days before hearing, subject to written waiver and under-$5,000 discretionary dispensation. Curator statutes add no fixed recipient list or emergency later-hearing rule (§§ 395.015(8), .016) |
Mandatory Commonwealth-payable surety bond, signed by principal and sureties before notary or as court authorizes, conditioned on faithful performance; no amount formula stated. Curator completes hearing oath or authorized declaration and must receive District Court letters before executing trust; court may add duties (§§ 395.105, .120, .410(3)-(4)) |
May collect and safely keep estate, sue and be sued, and sell perishable and other goods. As fiduciary, may sell personal property at public/private sale when satisfied it serves estate's best interests, subject to spouse-exempt, specific-bequest, in-kind-demand, and testamentary-wish limits. No separate realty, business-operation, remains, mortgage, or lease grant (§§ 395.200, .420(1)) |
Section 395.420(1) expressly permits paying debts but states no curator-specific claim allowance, compromise, priority, or notice procedure. Curator must deliver estate to later executor/administrator; no beneficiary-distribution authority is stated. Personal-property sale restrictions preserve exempt, specifically bequeathed, and demanded in-kind property (§§ 395.200, .420) |
Continues until will probate is granted or other delaying cause is removed, then delivers estate when required to executor or administrator. Appeal from appointment does not suspend curator powers. Core curator provisions state no separate removal, replacement, or survival-of-powers procedure; application acknowledgment warns duty failure may support removal (§§ 395.015(1)(e), .410, .420, .440) |
Full, complete court inventory due within 60 days; estate delivered when required. If tenure lasts, fiduciary periodic account begins 2 years after appointment and annually thereafter, or earlier on court/interested-person motion for good cause; final settlement accounts for distributions, claims, fees, and taxes. Compensation capped at 5% personal estate plus 5% income, with court-approved extraordinary compensation. Bond and oath/declaration address faithful performance, conversion penalties, and insurance (§§ 395.120, .150, .420, .610) |
| Louisiana verified 2026-08-29 | Provisional administrator and succession representative under La. Code Civ. Proc. Book VI; district court of decedent's domicile, or stated property parish for nondomiciliary. Serves pending administrator appointment or executor confirmation (arts. 2811, 2826, 3111) |
Court must deem appointment necessary to preserve, safeguard, and operate succession property while permanent appointment is pending; qualified person may be appointed forthwith. No separate emergency, waste, contest, vacancy, or quantified-danger test appears (art. 3111) |
Interested party may apply; court may act on own motion. Appointee must be surviving spouse, heir, legatee, heir/legatee legal representative, decedent/estate creditor, qualifying nominee, or immovable co-owner, and must avoid age, interdiction/incompetence, felony, agent, corporation, and moral-character disqualifications. No nominee priority is stated (arts. 3097, 3111) |
Article 3111 permits appointment ‘forthwith’ but states no fixed appointment notice, recipient, hearing, publication, or later-hearing rule. Separate transactions can require notice: business continuation and leases generally use one publication and a 7-day opposition window; business may receive a 45-day interim ex parte order (arts. 3224-3226, 3229) |
Must furnish security in a court-determined amount adequate to protect heirs, legatees, surviving spouse in community, and creditors, then take faithful-duty oath before acting. After required security and oath, clerk issues letters evidencing appointment and qualification. Court orders and law restrict incorporated administrator powers (arts. 3112, 3152, 3158-3159) |
Within temporary purpose, has administrator rights/duties: collect, possess, preserve, repair, maintain, manage, protect, enforce obligations, and use litigant procedures. Business continuation and leases require court routes, subject to interim business order. Succession property sales require court authority; perishable property/crops may be sold immediately by court order without appraisal/advertisement. No separate remains-control power (arts. 3112, 3191, 3196, 3211, 3221, 3224-3226, 3261, 3264) |
Submitted claim must be acknowledged or rejected in writing within 30 days or is deemed rejected. Estate-debt payment requires court authorization except statutory business/urgent-debt routes; urgent debt may be authorized anytime without publication. Provisional purpose and court controls bar treating the office as unilateral claim-payment or beneficiary-distribution authority (arts. 3112, 3242, 3301-3302) |
Continues until an administrator or executor qualifies or heirs or legatees are sent into possession; no fixed day term. As succession representative, may be removed for disqualification, incapacity, mismanagement, duty/order failure, unremedied domicile change, or required-notice failure after show cause. No separate provisional replacement or post-termination power rule stated (arts. 2826, 3112, 3182) |
Appointment requires court-ordered public inventory or sworn descriptive list unless already ordered. Annual and court-ordered accounts show opening property, receipts, disbursements, dispositions, and remainder; copy plus 10-day homologation notice goes to heirs/residuary legatees. Court allows fair and reasonable provisional compensation. Prudent-administrator breach creates personal damages liability; formal discharge follows final-account homologation/waiver and proof of creditor payment and distribution, then bond cancellation (arts. 3113, 3191, 3331, 3333, 3335, 3351, 3391) |
| Maine verified 2026-08-29 | Special administrator under 18-C M.R.S. §§ 3-614 to 3-618; county Probate Court appoints formally and its register appoints informally before general appointment, after prior appointment ends by death/conservatorship, or when preservation/proper administration requires another fiduciary |
Informal: necessary to protect estate before general appointment or after prior appointment ends under § 3-609. Formal: after notice/hearing, necessary to preserve estate or secure proper administration, including when general representative cannot/should not act. Emergency permits no-notice order (§ 3-614) |
Any interested person may apply or petition, including listed estate stakeholders. Pending will: named executor must be appointed if available/qualified; otherwise any proper person. Ordinary § 3-203 priority does not select special administrator; personal-representative qualification is age 18+ and no formal unsuitability finding (§§ 1-201, 3-203, 3-614 to 3-615) |
Informal register proceeding is without notice. Formal route requires notice/hearing to interested persons under court-rule procedure; notice must state contest/appeal rights. Emergency permits appointment without notice. Code states no fixed special-administrator notice period (§§ 1-201, 1-401, 3-614) |
Before letters: required bond and acceptance. Informal special administrator is a bond exception to ordinary no-bond rule, subject to court-excusal/change power. Formal bond depends on court order, will relief, and request. Default amount is estimated personalty plus next-year income; >$5,000 interested-person/creditor demand requires bond unless excused. Formal order may limit time, acts, duties, or terms (§§ 3-601, 3-603 to 3-605, 3-617) |
Informal appointee collects, manages, preserves, accounts, delivers, and has only powers necessary for those duties. Formal appointee has general-representative powers unless narrowed, including court-order-sensitive property, sale, lease, mortgage, litigation, insurance, and business authority. No separate remains rule (§§ 3-616 to 3-617, 3-711, 3-715) |
Informal power is limited to what protective duties require; no separate automatic claims, debt, expense, or distribution grant. Formal appointee has general power unless narrowed, including paying administration expenses, prosecuting/defending claims, and settling claims/distributing under the Code (§§ 3-616 to 3-617, 3-715) |
Terminates under appointment order or automatically on general appointment; otherwise general death/conservatorship, resignation, and cause-removal rules apply. Termination ends office power but preserves protection, account, delivery, and pretermination liability; informal appointee delivers on general qualification (§§ 3-608 to 3-611, 3-616, 3-618) |
Special administrator is expressly excluded from ordinary 3-month inventory. Informal route requires account/delivery; general termination preserves account, delivery, and liability. Reasonable personal-representative compensation and good-faith litigation expenses apply; improper power exercise creates fiduciary liability. No special periodic-report or fixed final-account deadline (§§ 3-608, 3-616, 3-706, 3-712, 3-719 to 3-720) |
| Maryland verified 2026-08-29 | Special administrator under Md. Code, Est. & Trusts §§ 1-101(x) and 6-401 to -404; appointed by the orphans' court before ordinary qualification or between a terminated personal representative and successor |
Necessary to protect property before personal-representative appointment/qualification, or after a representative's appointment terminates and before a successor is appointed. No separate emergency or immediate-danger test (§ 6-401(a)) |
Interested party, creditor, or register may petition; court may act on its own motion. Appointee must be suitable; give special consideration to immediately available persons who will/may ultimately receive letters, using § 5-104 priority (§§ 5-104, 6-401) |
Sections 6-401 to -404 state no fixed appointment-notice recipient, period, hearing requirement, or separate without-notice test. Court acts on listed petition or its own motion; later account filing ordinarily requires written notice to interested persons unless court waives for good cause (§§ 6-401, 7-501) |
Personal-representative bond rules apply equally: will or unanimous interested-person waiver may excuse full bond, but debt/inheritance-tax security remains; institutional exception and court adjustment apply. Other powers require court designation (§§ 6-102, -402, -403) |
Must collect, manage, and preserve property and has all powers necessary for those duties; court may add other powers from time to time. No automatic separate remains, sale, mortgage, business, or litigation list in § 6-403; read each order |
Automatically assumes unperformed duties only under Title 7 Subtitles 2, 3, and 5—inventory, accounts, and account notice—not ordinary claims or distribution subtitles. Claims, debt/expense payment, and distributions therefore require another applicable rule or court-designated power (§ 6-403) |
Automatically terminates on appointment of a personal representative or under Title 6 Subtitle 3; powers may be suspended/terminated and appointee removed under the same rules as a personal representative (§ 6-404) |
Assumes unperformed Title 7 inventory/account/notice duties: inventory within 3 months; first account within 9 months and each 6 months thereafter if term lasts; notice to interested persons unless waived. Must account to general representative on appointment; reasonable compensation and statutory commission cap apply (§§ 6-403, 7-201, -305, -501, -601) |
| Massachusetts verified 2026-08-29 | G.L. c. 190B, §§ 3-614 to 3-618. Probate and Family Court special personal representative in a formal, court-ordered short-term office; § 3-616 is reserved |
After notice and hearing, court must find appointment necessary to preserve the estate or secure proper administration, including when a general representative cannot or should not act; emergency permits no-notice appointment (§ 3-614) |
Any interested person may petition; any suitable person may be appointed. Ordinary personal-representative priority does not govern selection (§§ 3-203(h), 3-614 to 3-615) |
Notice and hearing are the baseline. Statewide guidance requires motion notice to heirs, devisees, and other interested persons unless all assent/waive or court orders otherwise; emergency route uses a waive/shorten-notice motion plus a verified emergency statement or affidavit |
Before letters: accept appointment and file bond. Sureties are generally required but may be waived in listed will, heir/devisee, bank/trust-company, or court circumstances; bond ordinarily equals estimated personal estate. Order and letters state expiration and power limits (§§ 3-601, 3-603 to 3-604) |
Automatic § 3-715(b) powers include retaining/receiving assets, contracts, prudent investment, repairs, insurance, administrative expenses, agents, litigation, and limited business continuation. Sale, lease, borrowing, broader asset disposition, claim settlement, and distribution need authority beyond the default list; no remains-specific power stated |
May litigate to protect estate and pay taxes, assessments, and administration expenses. Default powers exclude borrowing, debtor compromise, ordinary estate-claim settlement, and distribution; distribution is only under Part 7 and specific court orders (§§ 3-617(b), 3-715(b)) |
Up to 90 days unless extraordinary circumstances support longer; good-cause extensions are up to 90 days each. Prior representative ordinarily suspended. Ends under order or on general appointment; ordinary removal/termination rules apply (§§ 3-608, 3-611, 3-617 to 3-618) |
Inventory within 3 months. No routine division-filed account unless order requires, but termination preserves account and turnover duties. Reasonable compensation, good-faith proceeding expenses, and fiduciary-loss liability apply (§§ 3-608, 3-706, 3-712, 3-719 to 3-720) |
| Michigan verified 2026-08-28 | Special personal representative under Michigan EPIC, MCL §§ 700.3601-.3604 and 700.3614-.3618; register handles informal appointment, probate court handles formal/emergency/remains routes |
Informal: necessary to protect estate before general appointment or after prior appointment ends by death/conservatorship. Formal: necessary to preserve estate or secure proper administration, including when general representative cannot/should not act. Emergency permits no-notice order; separate statutory condition supports remains route (§ 700.3614) |
Interested person applies informally or petitions formally; court may act on own motion for formal/remains appointment. Pending-will nominee must be appointed if available/qualified unless not in estate/beneficiaries' best interest; otherwise any proper person (§§ 700.3614-.3615) |
Formal route ordinarily requires notice and hearing; default hearing notice is mail 14 days, personal delivery 7 days, or publication 14 days when identity/address cannot be found, unless rule/court changes it for good cause. Emergency permits appointment without notice. Informal § 700.3614(a) states no hearing requirement (§§ 700.1401, 700.3614) |
Before letters: statement accepting duties and any required bond. Informal special representative ordinarily requires bond; formal court may order/adjust/excuse it, and remains order may waive. Default bond ≥ estimated personal estate plus next-year personal/real income. Formal order may limit time, acts, duties, and terms (§§ 700.3601-.3604, 700.3614(c), 700.3617) |
Informal: collect/manage/preserve/account/deliver property, with only necessary PR powers. Formal: general PR powers unless order limits; those powers can include property retention/acquisition/disposal, repairs, leases, insurance, borrowing, estate litigation, and transactions. Remains order may cover funeral home, plot, funding, burial/cremation (§§ 700.3614, 700.3616-.3617, 700.3715) |
Informal authority is only what is necessary for listed protective duties, so no open-ended distribution power. Formal representative has general PR powers unless order limits, including authorized expense/payment and distribution authority subject to EPIC priorities/claims rules; excluded-property special representative acts only as needed and as directed (§§ 700.3601(4), 700.3616-.3617, 700.3703, 700.3715) |
Ends under appointment order or automatically when general representative appointed; otherwise ordinary §§ 700.3608-.3612 termination applies. Termination preserves property-protection, accounting, delivery, prior-liability, and court-jurisdiction duties (§§ 700.3608, 700.3618) |
Special representative is excluded from ordinary 91-day inventory and 28-day appointment-notice duties. Informal fiduciary must account and deliver to general representative; beneficiary activity statements otherwise annual and at completion while applicable. Order sets formal duties; bond and fiduciary liability continue, with compensation subject to general law (§§ 700.3606, 700.3616-.3618, 700.3703, 700.3705-.3706) |
| Minnesota verified 2026-08-29 | Special administrator under Minn. Stat. §§ 524.3-614 to -618; district court and probate registrar. Available before general appointment, after specified termination, or in a formal estate proceeding |
Informal: protection needed before general appointment, possible § 524.2-803 circumstances, or § 524.3-609 termination. Formal: necessary to preserve estate or secure proper administration when a general representative cannot or should not act; emergency or possible § 524.2-803 case permits no-notice order (§ 524.3-614) |
Any interested person may apply or petition. Pending-will named executor must serve if available and qualified, except possible § 524.2-803 cases permit a qualified neutral, professional fiduciary, or interested person; otherwise any proper person (§§ 524.1-201(34), 524.3-614 to -615) |
Informal intention notice to demanders and unwaived prior/equal appointees, then two weekly publications and mail to interested noncreditors. Formal hearing uses 14-day mail/personal notice or two-week publication; emergency or possible § 524.2-803 case may proceed without notice (§§ 524.1-401, 524.3-310, -614) |
Before letters: required bond plus oath, or corporate acceptance. Informal special administrator is an express exception to the no-bond default; formal bond may be excused or required, and security may be changed. Formal order may limit time, acts, and duties (§§ 524.3-601, -603 to -604, -617) |
Informal: only necessary collection, management, preservation, accounting, and turnover powers, with a 30-day informal-realty wait after letters. Formal: general-representative powers unless order limits, including management, sale, mortgage, lease, litigation, and estate transactions; no separate remains-control grant (§§ 524.3-616 to -617, -711, -715) |
Formal general-power route may pay listed funeral/administration expenses, litigate, settle claims, and distribute under the chapter and order. Informal route has only powers necessary to preservation and handoff, not automatic full claims or beneficiary-distribution authority (§§ 524.3-616 to -617, -715(18), (22), (27)) |
Ends under the appointment order or when a general representative is appointed; otherwise ordinary death/disability, resignation, and removal rules apply. Removal for cause follows hearing; termination preserves protection, account, delivery, and pretermination liability duties (§§ 524.3-608 to -611, -618) |
Exempt from the ordinary six-/nine-month inventory, but informal appointee must account and deliver on general qualification; termination preserves accounting and turnover. Reasonable compensation; fiduciary-loss liability and bond remedies continue (§§ 524.3-608, -616, -706, -712, -719) |
| Mississippi verified 2026-08-29 | Temporary administrator under Miss. Code §§ 91-7-53 to -59; Chancery Court, chancellor in vacation, or clerk before ordinary letters, and court/chancellor during appeal from letters or a will contest. Letters identify the temporary office and order terms (§ 91-7-53) |
Before letters: necessary for estate care and preservation. Appeal/contest: appointment may issue when necessary to protect party rights. Court may give special or general powers and authorize administration until appeal/contest determination (§ 91-7-53) |
Before letters: any creditor or other interested person petitions; appeal/contest: any interested person. Appointee must be suitable. Named executor or person apparently entitled to ordinary administration may serve unless circumstances require someone different; no separate temporary age/residence/corporate list (§ 91-7-53) |
Sections 91-7-53 to -59 state no fixed appointment notice recipient, method, period, hearing, emergency affidavit, or express without-notice/ex parte route. Appointment is on petition, and appeal/contest terms and conditions are court-set (§ 91-7-53) |
Before acting: oath faithfully to discharge temporary duties and court/clerk-approved bond amount and sureties securing duties imposed by law/order. Letters may use ordinary form but must designate temporary status, state imposed terms/conditions, and limit service until another temporary or permanent appointment (§§ 91-7-53, -55) |
Collect personal property and decedent debts, give payment acquittances, and sue/be sued like a general administrator. Court may authorize sale of perishables, deteriorating/costly-to-keep property, and crops for cash after considering will disposition and party interests. No separate remains/business list (§ 91-7-57) |
Publish creditor notice as soon as practicable; ordinary proof, registration, and bar rules apply, and later general letters need no repeat notice. After 90 days from appointment and claim time expires, court may order creditor payment and hold balance pending will outcome. Payment or distribution requires court order and then carries general-administrator powers (§§ 91-7-55, -57) |
Appeal/contest authority may run until determination; letters state service only until another temporary or permanent appointment. General letters automatically end powers. No separate removal standard or fixed outer term in §§ 91-7-53 to -59; appointment terms and conditions control (§§ 91-7-53, -59) |
Appraisal unless court/clerk dispenses, complete inventory, court-directed reports, and termination account. On general letters: settle account and deliver estate at once plus list judgments/suits. Refusal permits attachment, contempt fine up to 20% of estate held, and bond suit. Court may award just compensation up to 5% of inventoried estate (§§ 91-7-55, -59) |
| Missouri verified 2026-08-29 | Administrator during the named executor's minority/absence (§ 473.133) or administrator pending a will contest (§ 473.137), supervised by the probate division of the circuit court |
Named executor is a minor or absent from Missouri; or will validity is contested and, after hearing, contestant is found interested in probate. No separate emergency, waste, or immediate-danger showing (§§ 473.133, .137) |
Contest may be brought by a person found interested after hearing. Named executor must receive contest letters if no beneficial interest beyond compensation; adverse interest permits a disinterested person/corporation. Ordinary personal-representative disqualifications apply (§§ 473.117, .137) |
Contest route requires a probate-division hearing and interested-person finding; § 473.137 states no fixed notice recipient or period and no without-notice appointment route. Section 473.133 states no applicant, notice, or hearing formula |
Contest administrator must give bond: court-set amount for qualifying named executor, proper bond for disinterested alternate. Minority/absence appointee receives letters and falls under general pre-duty bond rule, subject to § 473.160 exceptions; court direction and statutory event limit the office (§§ 473.133, .137, .157) |
Administers under ordinary law and court direction. General law covers personal property, court-ordered real-property possession, rents, repair, insurance, debt collection, and suits; business continuation needs court authorization. Contest court must direct management of Missouri real estate if decedent owned it. No distinct remains, sale, or mortgage power in §§ 473.133/.137 (§§ 473.263, .270, .300) |
Sections 473.133 and .137 create no temporary-only claims, debt-payment, expense, or distribution rule; ordinary administration law and court orders control. Contest administrator must preserve the estate posture needed to account to the qualified successor at contest end |
Minority/absence letters last during that condition. Contest administrator serves until contest termination, then accounts to the qualified executor or legal administrator. Sections 473.133/.137 state no special removal or replacement procedure |
Inventory/appraisement within 30 days unless court extends; annual voucher-backed settlements unless court orders otherwise; contest-end account to qualified successor; statutory personal-representative compensation; bond secures faithful administration, accounting, payment, and delivery. No special § 473.133 turnover clock or surcharge formula (§§ 473.153, .157, .233, .540) |
| Montana verified 2026-08-29 | Special administrator under Mont. Code Ann. §§ 72-3-701 to -705; a personal representative but not a general personal representative. District-court clerk handles informal appointment; district court handles formal appointment before general qualification, after prior termination, or when proper administration needs a limited fiduciary (§ 72-1-103) |
Informal: necessary to protect estate before general appointment or after prior appointment ends by death or disability. Formal: after notice/hearing, necessary to preserve estate or secure proper administration, including when general fiduciary cannot or should not act. Emergency permits no-notice formal order (§§ 72-3-701, -522) |
Any interested person may apply or petition; class includes heirs, devisees, spouse, creditors, beneficiaries, priority holders, and others with estate rights/claims. Pending will: named executor must serve if available and qualified; otherwise any proper person. Appointee must be at least 18 and not found unsuitable (§§ 72-1-103, 72-3-501, -508, -701 to -702) |
Informal appointment by clerk is without notice. Formal route requires notice and hearing; emergency permits formal appointment without notice. No fixed special-administrator notice period, recipient list, emergency affidavit, or mandatory later hearing appears in §§ 72-3-701 to -705 (§§ 72-1-103, 72-3-701) |
Before letters: file required bond and acceptance. Informal special administrator ordinarily must post bond; formal bond is court-discretionary, with will-relief and secured-deposit rules. Amount uses estimated personal estate plus next-year income unless will/order/application/petition varies; court may excuse or adjust. Formal order may limit time, acts, powers, duties, or terms (§§ 72-3-512 to -515, -704) |
Informal appointee collects, manages, preserves, accounts, delivers, and has only personal-representative powers necessary for those duties. Formal appointee has general powers unless order limits them, including property control, management, insurance, sale, mortgage, business continuation, and estate-protective litigation; no separate remains power stated (§§ 72-3-606, -613, -703 to -704) |
Informal authority is limited to powers necessary for collection, management, preservation, account, and delivery. Formal general powers include administration-expense payment, claim settlement, and distribution under the Code unless the appointment order narrows them; no separate special-administrator claim or distribution rule (§§ 72-3-613, -703 to -704) |
Terminates under appointment order or on general appointment; otherwise ordinary termination rules apply. Interested person may seek cause removal after hearing, with court-directed asset disposition. Termination ends ordinary authority but permits necessary protection and successor delivery while preserving account and turnover duties (§§ 72-3-521, -526, -705) |
Special administrator is excluded from ordinary 9-month inventory. Informal route expressly requires account and delivery; termination preserves accounting, delivery, and pretermination liability. Reasonable compensation and good-faith litigation expenses apply; improper exercise causing fiduciary breach creates loss liability (§§ 72-3-607, -616, -631 to -632, -703) |
| Nebraska verified 2026-08-29 | Special administrator under Neb. Rev. Stat. §§ 30-2457 to -2461, supervised by county court; available before general appointment, after prior appointment ends, or when preservation/proper administration requires another fiduciary |
Informal: necessary to protect estate before general appointment or after prior appointment terminates. Formal: after notice/hearing, necessary to preserve estate or secure proper administration, including when a general representative cannot/should not act. Emergency permits no-notice appointment (§ 30-2457) |
Any interested person may apply or petition. Pending will: named personal representative shall be appointed if available/qualified; otherwise any proper person. Ordinary § 30-2412 priority does not govern special-administrator selection (§§ 30-2412, -2457 to -2458) |
Informal registrar route is without notice. Formal court route requires notice and hearing, but emergency permits appointment without notice. Statutes state no fixed special-route recipient list, period, emergency affidavit, or mandatory later hearing (§§ 30-2209, 30-2457) |
Before letters: file acceptance and required bond. Bond is required unless a statutory waiver/exception applies; court may require it to protect an endangered interest or excuse/change it. Informal default amount is estimated personalty plus next-year income. Formal order may limit time, acts, duties, or other terms (§§ 30-2444, -2446 to -2449, -2460) |
Informal appointee collects, manages, preserves, accounts, delivers, and has only personal-representative powers necessary for those duties. Formal appointee has personal-representative powers unless the order limits them. Special sections do not separately list remains, business, sale, mortgage, lease, or litigation powers (§§ 30-2459 to -2460) |
No separate claims, debt, expense, or distribution rule in §§ 30-2457 to -2461. Informal power is limited to what the listed protective duties require; formal power presumptively equals personal-representative authority unless narrowed. Actual authority depends on route, general code, and order |
Terminates under the appointment order, another court order, or on appointment of a personal representative; otherwise general resignation/removal provisions apply. Termination preserves protection/delivery authority, prior liability, and account/turnover duties (§§ 30-2451 to -2454, -2461) |
Special administrator is expressly excluded from 3-month inventory. Informal route requires account and delivery; termination preserves account, delivery, and pretermination liability. Reasonable personal-representative compensation and faithful-duty bond terms apply; no special periodic-report or fee formula (§§ 30-2209, 30-2449, -2451, -2459, -2467, -2480) |
| Nevada verified 2026-08-29 | Special administrator under NRS Chapters 132 and 140; Nevada District Court sitting in probate. Office protects the estate before general letters, during specified will contests or appointment appeals, or after executor/administrator death, suspension, or removal (§§ 132.116, 132.315, 140.010, 140.060) |
Mandatory appointment for any-cause delay in letters, irregular letters, insufficient required bond, no petition for letters, executor/administrator death/suspension/removal with immediate representative need, a no-asset estate with good cause for a representative, or any other proper case (§ 140.010) |
Chapter 140 states no general applicant class. Court must appoint someone meeting § 139.010 qualifications and may prefer persons entitled to ordinary letters. Bars include minority and court-found conflict, drunkenness, improvidence, integrity/understanding failure, or other compelling reason; felony and nonresident/bank rules have stated exceptions (§§ 139.010, 140.020) |
Appointment may occur at chambers or open court, without notice or on reasonable court-set notice to court-selected interested persons. No fixed recipient, period, hearing, emergency affidavit, or later-hearing duty is stated. Mortgage/lien payment uses separate court-deemed proper notice (§§ 140.020, 140.050) |
Before letters: court-directed faithful-performance bond with satisfactory sureties unless waived with/without conditions or replaced by blocked account, plus usual oath. After any fixed bond, clerk issues special letters with appointment order attached; order must specify powers. Contest expansion may require added bond (§§ 140.020-.030, .060) |
Must collect/preserve personalty, receivables, income, rents, profits, claims, and demands and manage/protect realty. May sue/defend, sell perishables without prior court order, use order-conferred powers, and seek court leave to borrow or lease/mortgage realty. Specified contest/appeal route supplies ordinary fiduciary powers (§§ 140.040, .060) |
Not liable to creditors on estate claims and generally not liable on claims against decedent; narrow insurance-only wrongful-death, injury, or property-damage exception. Chapter states no ordinary claim allowance/payment or beneficiary distribution power. Court may authorize endangered mortgage/lien and future-interest payments after petition and proper notice; contest expansion supplies ordinary fiduciary authority (§§ 140.040-.060) |
No fixed term or separate Chapter 140 removal/replacement process. General testamentary or administration letters automatically end powers; immediate property/effects turnover follows, and general fiduciary may finish actions begun by special administrator. Chapter does not state that contest completion alone automatically ends powers (§ 140.070) |
Render sworn account like other administrators and immediately turn over property/effects on general letters. If same person becomes successor general fiduciary, special account may be included in first general account. Chapter states no special inventory deadline, periodic report, compensation formula, discharge, bond-release, or surcharge rule; bond secures faithful duties and § 140.040 states claim immunity (§§ 140.030-.040, .070-.080) |
| New Hampshire verified 2026-08-29 | RSA §§ 553:20 to :24 create a probate-court special administrator during delay in the final grant; § 553:20-a separately creates an asset-identification-only temporary administrator |
Special: will-validity factual trial, legal-question appeal from administrator appointment, or another cause delays the final grant, and estate interests require appointment. Temporary: determine what assets, if any, are in the estate; no separate emergency showing (§§ 553:20 to :20-a) |
Special-administrator sections name no applicant class or nominee priority. Temporary route may begin on petition or court's own motion but names no petitioner class. General administrator definition/qualification bars a person not of full age or deemed unsuitable; nonresident appointment by right requires circumstances the judge finds proper (§§ 553:1, :4 to :5, :20 to :21) |
Sections 553:20 to :24 state no fixed preappointment notice, recipient, hearing, or emergency/ex parte route for either office. A separate business-continuation decree may issue without notice only as a decree nisi, followed by an order of notice within 5 days and hearing before it becomes absolute (§ 553:30) |
Special administrator must give faithful-performance bond with sufficient sureties or court-accepted alternative security; commission may contain directions/restrictions. Interested party may challenge bond sufficiency, allowing new bond and a stay. No special oath/acceptance rule stated; § 553:23 does not expressly govern the distinct temporary administrator (§§ 553:22 to :24) |
Special administrator inventories, cares for, and preserves property and performs other acts only as judge directs. Court may separately authorize continued business on showing of estate advantage and set liability/conditions. No automatic remains, sale, mortgage, lease, or litigation power stated; temporary administrator is limited to asset identification (§§ 553:20-a, :22, :30) |
Special sections grant no automatic authority to allow/reject/pay creditor claims, pay debts or expenses, or distribute property; additional acts depend on judge direction. A business order may allocate business liabilities, but is not ordinary claims/distribution authority (§§ 553:22, :30) |
No fixed term or automatic end on general appointment is stated; commission directions/restrictions and court action control. General administrator provisions allow revocation after due notice for listed unfitness/unsafe-management grounds, consensual revocation when proper, and court-approved resignation. Appointment appeal does not suspend special duties (§§ 553:10 to :12, :22, :24) |
Special administrator must inventory; every administrator's inventory is due within 90 days. Temporary administrator's asset inventory is due within 60 days. Court-appointed fiduciary account is due within 1 year and administrators account annually unless excused; Rules 88/108 govern court-approved reasonable fees/expenses and account format. No special turnover deadline stated (§§ 554:1, :26 to :26-a; Prob. Div. R. 88, 108) |
| New Jersey verified 2026-08-28 | Administrator pendente lite, temporary administrator, or other limited administrator under Title 3B and Rules 4:82, 4:84-1, and 4:84-5; appointment belongs in Superior Court, not ordinary Surrogate's Court processing |
Statewide text gives no closed list of ordinary substantive triggers. Appointment on notice or consent proceeds in the probate action; without notice requires specific affidavit or verified-complaint facts showing immediate and irreparable damage before notice and hearing (R. 4:84-5) |
Any person in interest may file the complaint and seek an order to show cause. Rules 4:84-1 and 4:84-5 state no will-nominee priority, neutral-fiduciary preference, residence rule, age rule, or closed qualification list |
Notice to persons in interest or their written consent is the baseline. Ex parte appointment requires the immediate-and-irreparable-damage showing; the order must permit any person in interest to seek discharge on no more than 2 days' notice. Wrongful-death administrator ad prosequendum is excluded (R. 4:84-5) |
Bond to Superior Court is mandatory for any form of administration, based on estate value and extent of authority, except administration ad litem and the narrow surviving-spouse/entire-estate exception. Appointment and later court orders may limit powers (§§ 3B:15-1, 3B:14-23) |
Unless the appointment order narrows them, general fiduciary powers include insurance; possession, management, rents, charges, sale, lease, mortgage, repair, claim settlement, instruments, in-kind distribution, asset transactions, and business continuation. No specific remains-disposition power is stated (§§ 3B:1-1, 3B:14-23) |
Default fiduciary powers include compromising or contesting claims for or against the estate, paying property charges, employing estate counsel and accountants, and in-kind distribution; the order may narrow them. No temporary-only creditor-priority rule or blanket distribution ban appears in the cited statewide provisions (§ 3B:14-23) |
Rule 4:84-5 states no fixed term or automatic termination upon general appointment; the appointment order and later court orders control the office's limits. For a without-notice appointment, any person in interest must receive a route to seek discharge on no more than 2 days' notice |
No special inventory, periodic-report, turnover, or final-account deadline appears in R. 4:84-5. Superior Court controls fiduciary accounts; a filed beneficiary release may eliminate settlement of an account, general corpus commissions apply, improper exercises create fiduciary liability, and bond secures performance (§§ 3B:2-2, 3B:17-1, 3B:18-14, 3B:14-35, 3B:15-1) |
| New Mexico verified 2026-08-29 | Special administrator under NMSA 1978 §§ 45-3-614 to -618; Probate Court handles informal appointment and District Court formal appointment before general qualification, after prior representative death/disability, or when preservation/proper administration needs a limited fiduciary |
Informal: necessary to protect estate before general appointment or after prior appointment ends by death/disability. Formal: after notice/hearing, necessary to preserve estate or secure proper administration, including when general representative cannot/should not act. Emergency permits no-notice formal order (§ 45-3-614) |
Any interested person may apply/petition. Pending will: named personal representative shall be appointed if available/qualified; otherwise any proper person. Special administrator is a personal representative; under-majority and formally unsuitable persons are unqualified (§§ 45-1-201, 45-3-203, -614 to -615) |
Informal probate-court route has no notice/hearing requirement stated. Formal district-court route requires notice and hearing, but emergency permits appointment without notice. Sections state no fixed notice recipients, period, emergency affidavit, or mandatory later hearing (§ 45-3-614) |
Before letters: file acceptance and required bond. Informal special administrator requires bond; formal bond is court-order controlled, subject to will waiver/demand rules. Default amount is estimated personalty plus next-year income, reducible by blocked deposit; court may excuse/change bond. Formal order may limit time, acts, duties, or other terms (§§ 45-3-601, -603 to -606, -617) |
Informal appointee collects, manages, preserves, accounts, delivers, and has only personal-representative powers necessary for those duties. Formal appointee has general-personal-representative powers unless order limits them. Special sections do not separately list remains, business, sale, mortgage, lease, or litigation powers (§§ 45-3-616 to -617) |
No special claims, debt, expense, or distribution rule in §§ 45-3-614 to -618. Informal power is limited to what collection/management/preservation/account/delivery requires; formal power presumptively equals general authority unless narrowed. Actual authority depends on route, general code, and order |
Terminates under appointment order or automatically on general appointment; otherwise resignation/removal-for-cause provisions apply. General termination ends office powers except protection/delivery authority and preserves prior liability and account/turnover duties (§§ 45-3-608, -618) |
Special administrator is expressly excluded from 3-month inventory. Informal route requires account and delivery; termination preserves protection, account, delivery, and pretermination liability. Reasonable personal-representative compensation and faithful-duty bond terms apply; no special periodic report or fee formula (§§ 45-3-606, -608, -616, -706, -719) |
| New York verified 2026-08-28 | Temporary administrator under N.Y. SCPA art. 9 in Surrogate's Court; decedent route addresses delay in probate or ordinary letters. Article also has separate absentee/internee branches (SCPA §§ 901-908) |
Court must find temporary administration in estate's best interests; decedent trigger is delay for any cause in granting letters or probating will (§ 901) |
Interested person, beneficiary or nominated executor under last will on file, public administrator, county treasurer, creditor, or person interested in an existing/planned action where decedent would be proper party may petition (§ 902(7)) |
Pending probate/letters case: court directs process. No pending case: process to ordinary letters recipients or named executor, will beneficiaries, and court-directed persons. Court may dispense with process if estate's best interests require (§ 902(1)-(5)) |
Bond before letters; court may dispense/reduce for whole-estate entitlement or acknowledged consents, while protecting creditors/nonconsenters. Court may limit letters to named assets or otherwise restrict/authorize powers (§§ 805, 903(4)) |
Subject to will and court limits, temporary letters confer administrator powers over all real/personal property and administrator duties/liabilities. May sue to possess, secure, preserve, or determine property ownership; no remains-specific power stated (§§ 903, 905) |
Action may proceed against administrator on decedent debt; claimant may obtain show-cause process and court-ordered full/partial payment with possible refunding bond. No testamentary/intestate-share payment; account settlement may direct funeral/admin expenses and ratable valid claims (§§ 903, 905-906, 908) |
Court may limit letters or asset collection; Article 9 states no fixed decedent-estate term or general automatic endpoint. Separate predecree absentee appointment is at most 6 months and revocable during proceeding (§§ 902(6), 903(4)) |
After claims period or 7 months, court may direct account on administrator's application; at any time on own initiative or listed petition. Court may retain/pay remaining personal assets; administrator bears ordinary duties/liabilities. No decedent-specific compensation or automatic turnover formula in Article 9 (§§ 903, 908) |
| North Carolina verified 2026-08-28 | Collector under N.C. Gen. Stat. art. 11, ch. 28A; county clerk of superior court issues letters of collection during delay before ordinary letters or when a collector serves the estate's best interest (§§ 28A-11-1 to -5) |
Delay in issuing personal-representative letters for any reason other than the named military-absentee/missing-person regimes; alternatively, clerk finds appointment serves estate's best interest. No separate emergency, waste, or minimum-delay showing (§ 28A-11-1) |
Article 11 states no closed applicant class or nominee priority; clerk may appoint one or more persons not disqualified under § 28A-4-2. Disqualifications include minority, continuing adjudicated incompetence, unrestored felony, missing NC process agent, unauthorized corporation, illiteracy, unsuitability, renunciation, and specified property-finder ties |
Complete Article 11 states no mandatory preappointment petition, notice, hearing, fixed notice period, recipient list, or later hearing; clerk issues the letters on the statutory delay or best-interest ground (§ 28A-11-1) |
Before letters issue: filed faithful-performance oath and mandatory Article 8 bond. Bond minimum generally 1.25x personal property with corporate surety (clerk may accept 1.1x above $100,000) or 2x with listed alternative security; additional Article 13 powers require express clerk direction/supervision (§§ 28A-7-1, 28A-8-2, 28A-11-2 to -3) |
Automatically: possession/control of personal property reasonably necessary to preserve it, collect estate claims, maintain/defend estate actions, and renew obligations. Other Article 13 powers—including any broader management or transaction authority—require express clerk direction/supervision; Article 11 states no remains-specific power (§ 28A-11-3) |
Must publish Article 14 creditor notice and may renew obligations. Claim payment, expenses, and distribution are not separately automatic in § 28A-11-3; other Article 13 powers require express clerk direction/supervision, while Article 23 contemplates settlement after a collector has satisfied claims and distributed the remainder |
No fixed term. Powers cease automatically when testamentary/administration letters issue, or when clerk terminates appointment. Collector then surrenders all controlled assets to the representative, other entitled person, or clerk (§ 28A-11-4) |
Inventory within 3 months unless extended; annual accounts while property remains. At termination, surrender assets and file verified accounts/assets/debts/conduct statement for clerk approval. Clerk-set commissions generally ≤5%; revocation for misconduct defeats commission; bond action preserves liability (§§ 28A-8-6, 28A-11-3 to -5, 28A-20-1, 28A-21-1, 28A-23-3) |
| North Dakota verified 2026-08-29 | Special administrator under N.D.C.C. §§ 30.1-17-14 to -18; a personal representative but not a general personal representative. Court handles informal no-notice and formal noticed appointment before general qualification, after specified disruption, or when proper administration needs a limited fiduciary (§ 30.1-01-06) |
Informal: necessary to protect estate before general appointment or after prior appointment ends by death/disability. Formal: after notice/hearing, necessary to preserve estate or secure proper administration, including when general fiduciary cannot or should not act. Emergency permits no-notice formal order (§ 30.1-17-14) |
Any interested person may apply or petition. Pending will: named executor must serve if available/qualified; otherwise any proper person. Appointee must be 18+ and not found unsuitable; ordinary priority does not select special administrator (§§ 30.1-13-03, 30.1-17-14 to -15) |
Informal court proceeding is without notice. Formal route requires notice and hearing; emergency permits formal appointment without notice. No fixed special notice period, recipient list, emergency affidavit, or mandatory later hearing stated (§§ 30.1-01-06, 30.1-17-14) |
Before letters: file required bond and acceptance. Informal special administrator ordinarily must post bond; formal bond is court-discretionary, with will-relief and secured-deposit exceptions. Amount uses estimated personal estate plus next-year income unless will/order/application/petition varies; court may excuse or adjust. Formal order may limit time, acts, powers, duties, or terms (§§ 30.1-17-01, -03 to -04, -17) |
Informal appointee collects, manages, preserves, accounts, delivers, and has only personal-representative powers necessary for those duties. Formal appointee has general powers unless order limits them, including property management, insurance, sale, mortgage, limited business continuation, and estate-protective litigation; no separate remains power stated (§§ 30.1-17-16 to -17, 30.1-18-15) |
Informal authority is limited to powers necessary for collection, management, preservation, account, and delivery. Formal general powers include administration-expense payment, claim settlement, and distribution under Title 30.1 unless order narrows them; no separate special-administrator claim or distribution rule (§§ 30.1-17-16 to -17, 30.1-18-15) |
Terminates under appointment order or on general appointment; otherwise ordinary termination rules apply. Interested person may seek cause removal after notice/hearing, with court-directed asset disposition. Termination ends ordinary authority but preserves protection, account, turnover, and prior-act liability (§§ 30.1-17-08, -11, -18) |
Special administrator excluded from ordinary inventory due six months after appointment or nine months after death. Informal route requires account and delivery; termination preserves account, delivery, and pretermination liability. Reasonable compensation, good-faith litigation expenses, and fiduciary-loss liability apply (§§ 30.1-18-06, -12, -19 to -20) |
| Oklahoma verified 2026-08-29 | Special administrator under 58 O.S. §§ 211-217; district-court judge appoints during delay, irregular or unbonded letters, no ordinary application, or death, suspension, partial suspension, or removal of the ordinary fiduciary |
Any-cause delay in ordinary letters; irregular letters; insufficient required bond; no application for letters; or executor/administrator death, suspension, partial suspension, or removal. Section 211 states no separate emergency, imminent-loss, or good-cause showing (§ 211) |
Sections 211-217 state no applicant class or special qualification list. Judge must prefer the person entitled to testamentary or administration letters; no appeal is allowed from the special appointment (§ 213) |
Appointment may be without notice. No fixed recipient, period, hearing, later-notice duty, or separate emergency test is stated; court minutes must record the appointment and specify powers (§ 212) |
Before letters: judge-set bond with satisfactory sureties, conditioned on faithful duties, plus the usual oath endorsed on the letters. Letters issue after bond and must conform to the powers specified in the court minutes (§§ 212, 214) |
Collect and preserve personal property, debts, effects, income, rents, issues, profits, claims, and demands; manage and protect realty; sue or defend. Perishables require a sale order; borrowing and realty lease/mortgage require general-administrator leave; other powers depend on appointment (§ 215(A)) |
Creditor cannot sue the special administrator on a decedent claim. If no general fiduciary is appointed within 60 days, special administrator may apply for court approval to give statutory creditor notice and, after receiving claims, pay them with probate-court approval. No separate rejection, compromise, expense-payment, or distribution power is stated (§ 215) |
No fixed term or separate removal/replacement rule in §§ 211-217. General letters automatically end the powers; special administrator must forthwith transfer all held property/effects, while the general fiduciary may finish suits the special administrator began (§ 216) |
No separate initial inventory or periodic report in §§ 211-217. Render a sworn account like other administrators and make immediate turnover on general letters. Court sets the fee, capped by the ordinary § 527 fee; faithful-performance bond applies. No separate discharge, bond-release, surcharge, or liability formula is stated (§§ 214, 216-217) |
| Oregon verified 2026-08-29 | Special administrator under ORS 113.005-.007; probate court appointment before a personal representative is appointed and qualified, for endangered decedent property or required disposition of remains |
Property must be in danger of loss, injury, or deterioration, or remains disposition must be required. Petition states reasons, known property requiring administration, and the danger; statute supplies no separate delay, contest, vacancy, or generic proper-administration ground (§ 113.005(1)) |
Section 113.005 requires a petition but names no petitioner class, nominee priority, relationship, residence, age, corporate-fiduciary, or special qualification rule; court appoints and the order plus bond define authority |
Sections 113.005-.007 state no fixed preappointment notice recipient, period, hearing, publication, or express ex parte/later-hearing route. Any bond-waiver request must state reasons; property-administration waiver request identifies known creditors (§ 113.007) |
May not act and special letters may not issue until adequate court-set surety bond based on property nature/liquidity/value, anticipated income, probable debt/tax; bond secures interested persons and faithful duties. Will can waive subject to good cause; court may waive on reasoned request or waive/reduce for court-restricted financial assets. Order determines authorized functions (§§ 113.005(2)-(3), .007) |
May take charge only of endangered property or required remains. Court may authorize funeral expense, estate-property protection expense, and administration of estate property. Statute separately enumerates no business operation, ordinary asset sale, realty sale/mortgage/lease, investment, income, insurance, or litigation authority; scope depends on order (§ 113.005(1), (3)-(4)) |
Expressly may not approve or reject creditor claims, pay claims, pay administration expenses, possess nonendangered estate assets, or distribute. Court may authorize funeral and property-protection expenses; approved special-administrator compensation, proper expenses, and reasonable attorney fee are administration expenses (§ 113.005(3)-(4), (6)) |
Powers automatically cease when a personal representative is appointed and qualified. Sections 113.005-.007 state no fixed term, separate removal/replacement process, or surviving transaction power; 30-day account and turnover duties follow general letters (§ 113.005(5)) |
No separate initial inventory or periodic report stated. Within 30 days after general letters, file account and deliver held assets; court examines account even without objection and hears personal representative's objections. Court-approved compensation, proper expenses, and reasonable attorney fee are administration expenses. Bond secures faithful performance; no separate surcharge, bond-release, or liability formula stated (§ 113.005(2), (5)-(6)) |
| Pennsylvania verified 2026-08-28 | Letters of administration pendente lite, durante absentia, or durante minoritate under 20 Pa.C.S. § 3160; Register of Wills grants letters, with Orphans' Court supervision of fiduciary performance |
Whenever circumstances of case require; statute states no separate emergency, danger, delay, or preservation checklist (§ 3160) |
Section 3160 states no petitioner class; letters may be granted to any fit person or persons. General disqualification and nonresident-discretion rules remain applicable (§§ 3156-3157, 3160) |
Register requires such notice, if any, as it chooses; statute allows no notice but states no mandatory later hearing or fixed notice period (§ 3160) |
Oath before letters; default Commonwealth surety bond set by personal-estate value, subject to corporate and qualifying individual exemptions and later court/register adjustment (§§ 3161, 3171, 3174-3175) |
Ordinary personal-representative framework: possession, maintenance, administration, rents/income, estate-property actions, and preservation expenses; business continuation requires court authorization and may carry conditions/accountings. No remains-specific power stated (§§ 3311, 3314) |
Section 3160 states no special claim or distribution limit; ordinary personal-representative actions and claim-payment priority apply. Surviving right/liability actions may be brought by or against representative (§§ 3373, 3392) |
Section 3160 states no fixed term or automatic ordinary-letters endpoint. General removal covers waste, mismanagement, duty failure, continuing incapacity, security/residence problem, homicide charge, or estate jeopardy; show cause or summary removal and replacement available (§§ 3182-3183) |
Verified inventory by ordinary deadline or earlier demand/court order; general accounting/removal jurisdiction applies. Final-account confirmation and distribution permit representative/surety discharge from future liability; no pendente-lite-specific compensation formula (§§ 3163, 3184, 3301) |
| Rhode Island verified 2026-08-29 | Temporary custodian under R.I. Gen. Laws §§ 8-9-9 to -10; appointed and supervised by the town or city probate court with jurisdiction over the estate, before testamentary or administration letters issue |
Court may appoint for charge and care of a decedent's real and personal property until general letters issue. Section 8-9-10 states no danger, waste, emergency, delay, vacancy, conflict, or other threshold showing |
No closed applicant or priority class stated. Every probate application or petition must be written and signed; court may appoint any suitable person or multiple suitable persons. No age, residence, corporate-fiduciary, executor-priority, or neutrality rule stated (§§ 8-9-10, 33-22-1) |
Section 8-9-10 requires no fixed notice or hearing. Where notice is not otherwise required, probate court may order notice before proceeding in its discretion. No separate emergency, ex parte, later-notice, or later-hearing route stated (§ 33-22-10) |
Court may require bond, with or without sureties, in its discretion. No fixed amount, waiver formula, acceptance, oath, or custodian-letters prerequisite stated; appointment, sale authority, other acts, and restrictions depend on the court's order and continuing direction (§ 8-9-10) |
Automatic role is charge and care of estate realty and personalty. Sale of any possessed property requires court authorization; every other action requires court direction. No automatic income collection, business operation, remains, mortgage, or litigation power enumerated (§ 8-9-10) |
No automatic claim allowance, rejection, compromise, debt or expense payment, or beneficiary distribution power stated. Such action is not enumerated and would require court direction under the statute's other-action clause (§ 8-9-10) |
Custodianship lasts until testamentary or administration letters are granted. Probate court may accept a custodian's resignation or remove the custodian; no separate custodian cause, notice, successor, or replacement standard stated (§§ 8-9-9 to -10) |
Custodian remains under probate-court control and receives reasonable compensation from estate. Sections 8-9-9 to -10 state no custodian-specific inventory, periodic report, final account, turnover deadline, expense, surcharge, bond-release, or continuing-liability rule |
| South Carolina verified 2026-08-29 | Special administrator under S.C. Code §§ 62-3-614 to -618; county probate court. Informal or formal office before general appointment, after specified termination, for a creditor proceeding or asset action, or when ordinary administration needs a limited fiduciary |
Informal when necessary to protect before general appointment or after § 62-3-609 termination, let a creditor institute a § 62-3-803 proceeding, or take appropriate action involving estate assets. Formal after notice/hearing when necessary to preserve estate or secure proper administration; emergency permits no-notice order (§ 62-3-614) |
Any interested person may apply or petition; class includes heirs, devisees, spouse, creditors, beneficiaries, affected property claimants, priority appointees, and representative fiduciaries. Pending-will named executor must serve if available/qualified; otherwise any proper person (§§ 62-1-201(23), 62-3-614 to -615) |
Informal route has no general interested-person notice, but an equal-right appointee gets mailed application/intention notice and 30 days to object or compete. Formal route requires summons/petition service and hearing notice ordinarily 20 days; emergency appointment may be without notice (§§ 62-1-201(17), (22), (34), 62-1-401, 62-3-310, -614) |
Before letters: required bond and acceptance. Special administrator is excluded from ordinary no-bond exceptions; under-$20,000 affidavit/all-known-interest waiver or court dispensation may apply. Otherwise bond is at least estimated personal estate plus next-year income unless will/order sets amount; formal order may limit time, acts, duties (§§ 62-3-601, -603 to -604, -617) |
Informal: only necessary collection, management, preservation, account, and turnover powers. Formal: general-representative powers unless order limits, but realty sale follows statutory procedures and $10,000+ nonmarketable personalty ordinarily needs prior order; general list covers management, insurance, leasing, litigation, business, and digital files. No separate remains-control grant (§§ 62-3-616 to -617, -711, -715) |
Creditor may seek informal appointment specifically to institute a § 62-3-803 proceeding; no estate claim or action may begin before a personal representative is appointed. Formal general-power route may settle claims, pay administration expenses, litigate, and distribute subject to chapter/order/property limits; other informal powers remain necessary-purpose limited (§§ 62-3-614(1)(b), -617, -715(8), (16), (20), (23), -804(6)) |
Ends under appointment order or when a general representative is appointed; otherwise death/disability, closing/resignation, and removal rules apply. Resignation needs 20-day notice plus successor qualification and delivery; removal for cause follows hearing. Termination preserves protection, account, delivery, and prior liability (§§ 62-3-608 to -611, -618) |
Special administrator is exempt from 30-day appointment information and 90-day inventory, but informal appointee must account and deliver; termination preserves those duties. Compensation ordinarily capped at 5% of personalty plus authorized real-sale proceeds (minimum $50) and up to 5% of income; fiduciary and surety liability continue (§§ 62-3-606, -608, -616, -705 to -706, -712, -719) |
| South Dakota verified 2026-08-29 | Special administrator under SDCL §§ 29A-3-614 to -618; a personal representative but not a general personal representative. Clerk handles informal appointment without notice; circuit court handles formal appointment before general qualification, after specified disruption, or when proper administration needs a limited fiduciary (§ 29A-1-201) |
Informal: necessary to protect estate before general appointment or after prior appointment terminates by death/disability. Formal: after notice/hearing, necessary to preserve estate or secure proper administration, including when general fiduciary cannot or should not act. Emergency permits no-notice formal order (§ 29A-3-614) |
Any interested person may apply or petition. Pending will: named personal representative must serve if available/qualified; otherwise any qualified person. Appointee must be 18+, not found unsuitable, and any bank/trust company must be qualified in-state; ordinary priority does not select special administrator (§§ 29A-3-203, -615) |
Informal clerk proceeding is without notice. Formal route requires notice and hearing; emergency permits formal appointment without notice. No fixed special notice period, recipient list, emergency affidavit, or mandatory later hearing stated (§§ 29A-1-201, 29A-3-614) |
Before letters: file acceptance and any required bond. Bond only if court finds it in estate's best interests; will/order/application/petition may set amount, otherwise estimated personal estate plus next-year income, subject to court adjustment. Formal order may limit time, acts, powers, duties, or terms (§§ 29A-3-601, -603 to -604, -617) |
Informal appointee collects, manages, preserves, accounts, delivers, and has only general-representative powers necessary for those duties. Formal appointee has general powers unless order limits them, including property management, insurance, sale, mortgage, business operation, and estate-protective litigation; no separate remains power stated (§§ 29A-3-615 to -617, 29A-3-715) |
Informal authority is limited to powers necessary for collection, management, preservation, account, and delivery. Formal general powers include administration-expense payment, claim settlement, and distribution under the Code unless order narrows them; no separate special-administrator claim or distribution rule (§§ 29A-3-615 to -617, 29A-3-715) |
Terminates under appointment order or on general appointment; otherwise ordinary termination rules apply. Interested person may seek cause removal after notice/hearing, with court-directed asset disposition. Termination ends ordinary authority but preserves protection, account, turnover, and prior-act liability (§§ 29A-3-608, -611, -618) |
Special administrator excluded from ordinary inventory due six months after appointment or nine months after death. Informal route requires account and delivery; termination preserves account, delivery, and pretermination liability. Reasonable compensation, good-faith litigation expenses, and fiduciary-loss liability apply (§§ 29A-3-706, -712, -719 to -720) |
| Tennessee verified 2026-08-29 | Administrator pendente lite under Tenn. Code Ann. § 30-1-108; probate judge may appoint while a will in that court is under contest or litigation |
Any case in the probate court where a will is the subject of contest or litigation; § 30-1-108 states no emergency, danger, waste, necessity, delay, or good-cause showing |
Section 30-1-108 states no applicant or petitioner class, nominated-executor priority, neutral-fiduciary preference, or special qualification standard |
Section 30-1-108 states no notice recipient, notice period, hearing requirement, or separate without-notice route; do not import ordinary probate-opening notice into this special appointment |
Special statute states no bond/order-limits formula. General administrator law requires letters, oath before delivery, and default court-set bond from estate value to double with statutory waiver exceptions (§§ 30-1-101, -111, -201) |
Section 30-1-108 supplies no statutory list of collection, preservation, possession, business, remains, sale, mortgage, or litigation powers; authority must be taken from the appointment, letters, and other applicable law, not inferred from the pendente-lite title |
Section 30-1-108 states no claim presentation, allowance, rejection, compromise, debt/expense payment, or beneficiary-distribution authority or prohibition |
Pendente-lite appointment is authorized in the will-contest/litigation setting, but § 30-1-108 states no fixed term, automatic contest-ending event, removal/replacement procedure, or general-appointment transition rule |
No special rule in § 30-1-108. General personal-representative statutes require 60-day inventory, first account/status report within 15 months and annual accounts thereafter, and reasonable compensation credit; no special final-account, turnover, bond-release, or surcharge deadline is stated (§§ 30-2-301, -601, -606) |
| Texas verified 2026-08-28 | Temporary administrator under Tex. Est. Code ch. 452 in the court exercising probate jurisdiction; includes county, statutory probate, and contested-matter district courts (§ 22.007) |
Immediate estate interest requires appointment under Subchapter A; application affidavit must show immediate necessity. Pending will or letters contest separately permits limited appointment until contest ends and a full executor/administrator is appointed (§§ 452.001-.003, 452.051-.052) |
A person may file a verified application with ordinary testate/intestate facts plus applicant name, address, interest, immediate-necessity facts, requested powers, entitlement and nondisqualification statement, and believed estate property (§ 452.002) |
Appointment precedes notice. On letters date, clerk posts courthouse-door notice and appointee uses qualified delivery to known heirs; proof due in 7 days. Heir/interested person has 15 days to request contest hearing, which occurs and is decided within 10 days (§§ 452.006-.007) |
Order sets bond and powers; appointee files bond by the third business day. Clerk issues power-listing letters by the third day after qualification; later power extension may carry commensurate additional bond (§§ 452.001-.003, 452.004-.005, 452.101-.102) |
No inherent preservation, business, remains, sale, or litigation power: only rights and powers expressly stated in appointment or later orders, and every unauthorized act is void (§ 452.101) |
Only court-granted authority. During a will or letters contest, court may give permanent-administrator claims powers—approval, rejection, payment, and property sale—with full permanent-administrator bond; no general distribution authority stated (§ 452.052) |
Ordinary order term max 180 days unless made permanent in estate's interest. Contest appointment may last until contest ends and full representative is appointed; appointee continues during appointment contest, and set-aside may require sworn estate exhibit (§§ 452.003, .007-.008, .051) |
At expiration: sworn possessed-property list, sales return, and full act account. Court orders prompt turnover; proof produces discharge and future surety release. Chapter 452 states no separate compensation formula (§§ 452.151-.152) |
| Utah verified 2026-08-29 | Special administrator under Utah Code §§ 75-3-614 to -618; a personal representative but not a general personal representative. Registrar handles informal appointment; District Court judge handles formal appointment before general qualification, after specified disruption, or when proper administration needs a limited fiduciary (§ 75-1-201) |
Informal: necessary to protect estate before general appointment or after prior representative's death/conservatorship. Formal: after notice/hearing, necessary to preserve estate or secure proper administration, including when general fiduciary cannot or should not act. Emergency permits no-notice formal order (§§ 75-3-609, -614) |
Any interested person may apply or petition; class includes heirs, devisees, spouse, creditors, beneficiaries, priority holders, and others with estate rights/claims. Pending will: prefer named personal representative if available/qualified, but court may limit powers, choose another, or otherwise protect interests. Otherwise any proper person (§§ 75-1-201, 75-3-615) |
Informal proceeding is registrar appointment without notice. Formal route requires notice and hearing; emergency permits formal appointment without notice. No fixed notice period, recipient list, emergency affidavit, or mandatory later hearing in §§ 75-3-614 to -618 (§§ 75-1-201, 75-3-614) |
Before letters: file required bond and acceptance. Bond required for special administrator appointed without notice, but court may dispense with it; otherwise bond arises from will, preappointment interested-party request, or later demand. Amount is estimated estate and next-year income less secured claims unless will/order varies; order may limit time, acts, powers, or other terms (§§ 75-3-601, -603 to -604, -615, -617) |
Informal appointee collects, manages, preserves, accounts, delivers, and has only personal-representative powers necessary for those duties. Formal appointee has general-personal-representative powers unless order limits them; order may specify time, acts, or terms. Sections 75-3-614 to -617 do not separately enumerate remains, business, sale, mortgage, or litigation powers |
No special claim-payment or distribution rule in §§ 75-3-614 to -618. Informal authority is limited to powers necessary for collection, management, preservation, account, and delivery; formal authority presumptively includes general-personal-representative powers unless the order narrows them. Actual claims, debt, expense, and distribution authority therefore depends on route, general code, and order |
Terminates under appointment order or on general appointment; otherwise ordinary termination rules apply. Death/conservatorship terminates; resignation needs 15-day written notice, successor qualification, and delivery; interested person may seek removal for cause after hearing, with court-directed asset disposition (§§ 75-3-608 to -611, -618) |
Special administrator is excluded from 3-month inventory. Informal route expressly requires account and delivery; termination preserves accounting, delivery, and pretermination liability. Reasonable compensation applies because special administrator is a personal representative; improper exercise causing fiduciary breach creates loss liability. Bond secures faithful duties (§§ 75-1-201, 75-3-606, -608, -616, -705, -711, -718) |
| Vermont verified 2026-08-29 | Special administrator under 14 V.S.A. §§ 961-966 in Probate Division of Superior Court. Office operates between death and ordinary appointment/qualification or during delay in granting letters, including a will-allowance appeal. It is a temporary collector and preserver, not the later executor or administrator (§§ 961-966) |
Section 961 requires estate interests will be jeopardized by delay between death and ordinary appointment. Section 962 requires delay in letters caused by appeal from will allowance/disallowance or another cause; appointee acts until delaying questions are decided and ordinary fiduciary appointed. No separate emergency, remains, vacancy, conflict, or proper-administration trigger stated (§§ 961-962) |
Section 961 requires motion by heir or next of kin. Section 962 names no applicant and permits Probate Division appointment. Special-administrator subchapter states no nominee priority, executor preference, neutrality, age, residence, corporate-fiduciary, suitability, acceptance, or ordinary qualification criteria. Section 917 supplies general control if a fiduciary later proves incapable or unsuitable (§§ 917, 961-962) |
Sections 961-962 state no advance-notice recipient, service method, fixed period, mandatory hearing, affidavit, ex parte label, emergency route, later notice, or reconsideration procedure. Section 961 uses a motion; § 962 permits court appointment during delay and bars appeal from appointment. General § 917 removal/control notice follows Probate Rules, but that is not an appointment-notice rule (§§ 917, 961-962) |
Before acting, special administrator must give bond as Court directs, conditioned on true inventory of property reaching possession/knowledge, court-required account, and delivery to later executor/administrator or authorized recipient. No fixed amount, surety rule, waiver, reduction, acceptance, oath, or special letters form stated. Court order separately controls personal-property sales (§§ 963, 965) |
Must collect goods, chattels, and credits and preserve them. May continue decedent's business, including applying for and operating under transferred alcoholic-beverage license; may commence/maintain actions as administrator. Perishable and other personal estate may be sold only as Probate Division orders. No real-property sale/mortgage, remains, beneficiary distribution, or general investment power stated (§§ 961, 963) |
May allow or deny claims as otherwise provided by law, but is not liable to creditor action and may not pay decedent debts. With Probate Division consent may pay last-sickness expenses, funeral expenses, and estate bills of own contracting. No compromise, secured-debt, tax, general debt, or beneficiary-distribution authority stated (§§ 963-964) |
Section 962 lasts until delaying questions are decided and executor/administrator appointed; § 966 automatically ends powers when ordinary letters issue and requires forthwith delivery. Later fiduciary may finish pending actions. Appointment itself is not appealable. General § 917 may restrain, suspend, or remove a fiduciary for procedure failure, improper delay/administration, incapacity, or unsuitability after notice/cure or appearance (§§ 917, 962, 966) |
Bond requires true inventory of property in possession/knowledge and account whenever Probate Division requires; ordinary 60-day inventory expressly excludes special administrator. Immediate turnover follows ordinary letters. Section 1065 allows an administrator necessary care/management/settlement expenses and reasonable fees, with no special formula. Bond secures inventory/account/turnover; § 917 permits contempt, surcharge, expense/fee/loss shifting, suspension, or removal. No fixed special report, account, compensation, bond-release, or liability-discharge deadline (§§ 917, 965-966, 1051, 1065) |
| Virginia verified 2026-08-28 | Curator of a decedent's estate under Va. Code §§ 64.2-100, -444, and -451; circuit court, its clerk, or qualified deputy clerk appoints and qualifies the short-term fiduciary |
During a contest about the will, during the infancy or absence of an executor, or until administration is granted; duty is to prevent waste before an executor or administrator qualifies or lawfully receives the estate. No separate emergency or immediate-danger showing appears in § 64.2-451 |
Section 64.2-451 states no applicant class, nominee priority, or curator-specific suitability hierarchy; § 64.2-444 authorizes the court, clerk, or deputy to appoint and qualify the curator |
Section 64.2-451 states no appointment-notice recipients, fixed notice period, hearing requirement, or separate without-notice test; appointment may be made by the circuit court, clerk, or qualified deputy clerk |
Court or clerk may require a bond in a reasonable penalty; clerk may appoint and qualify curators and take necessary bonds. Sections 64.2-444 and -451 state no curator-specific oath, letters notation, fixed bond formula, or will/beneficiary waiver |
Must prevent waste; may demand, sue for, recover, and receive personal estate and debts due to decedent, and lease or receive rents and profits of decedent-owned real estate. Section 64.2-451 does not itself grant sale, mortgage, business-operation, or remains powers |
Must pay debts, when assets suffice, in the legally prescribed order and may be sued like an executor or administrator. Section 64.2-451 states no ordinary beneficiary-distribution authority; estate instead passes to the later executor or administrator |
No fixed calendar term. General-fiduciary revocation may follow reasonable notice when proper; curator's handoff is triggered when an executor or administrator qualifies, at which point the curator must account, pay, and deliver the controlled estate (§§ 64.2-451, -1410) |
Inventory within four months after the authority order; first personal-representative account within 16 months unless the earlier handoff account controls. Commissioner allows reasonable expenses and compensation; annual-account failure can forfeit compensation, and negligent loss or knowingly avoidable debt payment can create charge or denied credit (§§ 64.2-1208, -1217, -1300, -1304, -1415) |
| Washington verified 2026-08-28 | Special administrator under RCW 11.02.005(21) and chapter 11.32; limited-purpose personal representative appointed by a superior-court judge while ordinary testamentary or administration letters are delayed |
Delay in granting letters because of an action concerning proof of a will or any other cause; appointment is discretionary, and chapter 11.32 states no separate emergency, waste, or immediate-danger showing (RCW 11.32.010) |
No applicant class or nominee priority stated in chapter 11.32; judge selects a special administrator other than one of the parties. Bank or trust company may serve and receives the bond exception (§§ 11.32.010-.020) |
Chapter 11.32 states no preappointment notice recipients, fixed period, hearing, or separate without-notice test. As a personal representative, appointee gives 20-day postappointment notice to reasonably known heirs, legatees, devisees, beneficiaries, and transferees and files a confirming report within 30 days (§§ 11.02.005(21), 11.28.237, 11.76.010) |
Before duties, mandatory judge-set bond with sufficient surety and executor/administrator conditions; authorized bank or trust company needs no bond. Order may specify time, property, duties, or acts; chapter 11.32 states no separate oath or limited-letters notation (§§ 11.32.020-.030) |
Collect and preserve goods, chattels, money, effects, and debts; commence and maintain administrator suits. Perishable and other goods may be sold only as court orders; family allowance also needs court order. No express real-estate sale/mortgage, business, remains, or distribution power in chapter 11.32 (§ 11.32.030) |
Creditor cannot maintain an action against special administrator, and estate-claim limitation begins only with ordinary letters. Estate is liable for obligations incurred under appointment order or court-approved; chapter 11.32 states no ordinary claim-payment or beneficiary-distribution authority (§§ 11.32.040-.050) |
Order may set time, property, duties, or acts; appeal does not stay the appointment unless appellate court orders otherwise. Powers automatically cease upon ordinary letters; immediate asset/debt turnover follows and later personal representative may continue pending suits. No separate chapter 11.32 removal/replacement formula (§§ 11.32.010, -.030, -.040) |
Verified inventory within three months unless court extends; notice-confirmation report within 30 days, financial-account report within 30 days after opening, and at least annual estate-affairs report. Sworn account like other administrators plus immediate turnover; court sets reasonable fiduciary and attorney compensation, and estate bears ordered/approved obligations (§§ 11.32.030-.040, -.060; 11.44.015; 11.76.010) |
| West Virginia verified 2026-08-29 | Curator under W. Va. Code § 44-1-5; county commission, or clerk during commission recess, appoints during a will contest, an executor's infancy/absence, or the period before ordinary administration is granted |
Express triggers: will contest; infancy or absence of executor; or need for an interim fiduciary until administration is granted. Core duty is preventing waste before executor/administrator qualification or lawful possession; statute states no separate emergency, immediate-danger, necessity, or good-cause showing (§ 44-1-5) |
Section 44-1-5 names no applicant class or nominee/beneficiary priority; commission or clerk chooses the curator. Section 44-5-3 bars nonresident individuals, banks without a West Virginia office, and corporations principally based outside the state from acting as curator; its listed exceptions do not include curators |
Section 44-1-5 states no appointment petition, notice recipient, period, or hearing; clerk may appoint during commission recess. Later resignation uses summons with a return day ≥30 days after filing plus publication for nonresidents/unknowns; revocation requires reasonable notice (§§ 44-5-5, 44-7-1) |
Mandatory bond in a reasonable penalty at appointment. Section 44-1-5 states no curator oath, acceptance, letters, waiver, fixed amount formula, or requirement that limited powers appear in letters. Commission may order additional/new bond and revoke authority after notice for noncompliance or when otherwise proper (§§ 44-1-5, 44-5-5) |
Must prevent waste; may demand, sue for, recover, and receive debts owed to decedent and all personal estate. With a will may—and during a contest shall—exercise executor/administrator-c.t.a. real-estate rights, expressly including rents/profits and leases no longer than incumbency. No separate remains or business rule (§ 44-1-5) |
Section 44-1-5 authorizes collection and litigation of debts owed to the decedent, not a general creditor-claims or beneficiary-distribution process. It states no curator power to allow/reject/pay claims, pay debts/expenses, compromise liabilities, or distribute estate property; do not infer those powers from collection authority |
Interim period follows the stated contest, executor infancy/absence, or wait for administration; leases cannot outlast incumbency. Executor/administrator qualification triggers account and turnover. Curator may resign by petition after summons and settlement; commission may revoke after reasonable notice and arrange successor control/transfer (§§ 44-1-5, 44-5-5 to -8, 44-7-1 to -3) |
Within 2 months after each yearly period, curator exhibits money/property inventory, receipts/disbursements, and vouchers; final detailed payout report is due within 90 days after funds are fully paid out. Reasonable expenses/compensation apply but accounting default may forfeit pay. Negligent/improper loss is charged to curator; resignation preserves surety liability (§§ 44-4-2, -7, -11 to -12, -20; 44-7-3) |
| Wisconsin verified 2026-08-29 | Special administrator under Wis. Stat. ch. 867, appointed by the court having jurisdiction to administer the decedent's estate; may operate before general letters, after distribution, or where no ordinary estate otherwise needs administration (§ 867.07) |
Court-found need: perform decedent-side act without estate; unperformed/post-distribution act or newly found assets; conserve/administer before general letters; pre-letters cause of action; or other circumstances requiring appointment (§ 867.07) |
Anyone with § 856.07 standing may petition and its waiting periods do not apply: will nominee or interested person, plus normally later guardian-at-death, creditor, cause-of-action/right-of-appeal holder, or estate-property claimant. No special nominee priority or separate qualification list (§§ 856.07, 867.09) |
Court decides whether notice is necessary. If unnecessary, inexpedient, or delay should be avoided, hearing proceeds without notice. General powers require hearing after notice to or waiver by all interested parties (§§ 867.11, .17) |
Court may require reasonable bond if value will come into appointee's hands; qualifying banks/trust companies are exempt. Bond may continue if appointee becomes personal representative. Court issues special letters; no-notice powers must be specifically ordered (§§ 867.13, .15, .17) |
No-notice appointee has only specifically ordered powers/duties. After notice to or waiver by all interested parties, general order may give personal-representative powers/duties/liabilities except stated limits; court may add powers needed for purpose. Thus property, business, remains, sales, and litigation depend on order (§ 867.17) |
No automatic temporary-only claims, debt-payment, expense-payment, or distribution authority. Each follows specifically ordered power in no-notice appointment or general personal-representative authority after notice/waiver, subject to express order limits (§ 867.17) |
If no general representative will serve, discharge follows proper completion, with or without notice as court directs. When general letters issue, special power ceases immediately; court discharges after account approval and delivery. No separate fixed term or statutory successor-special rule (§ 867.21) |
Court may require accounts/reports before no-general-representative discharge. General letters trigger a forthwith account and property delivery, subject to same-person/continued-bond exception. Necessary expenses and court-deemed reasonable compensation allowed; general order may impose personal-representative liabilities (§§ 867.17, .19, .21) |
| Wyoming verified 2026-08-29 | Article 3 of Wyoming Probate Code Chapter 7 is titled Temporary Administration but appoints a 'special administrator' in district court. Office bridges delay, defective letters/bond, no application, and death/suspension/removal of ordinary representative. It collects, preserves, and manages pending ordinary letters (W.S. §§ 2-7-301 to -307) |
Court shall appoint for delay in letters from any cause; irregularly granted letters; no sufficient required bond; no application for letters; or personal representative death, suspension, or removal. Statute requires no separate danger, emergency, waste, contest, business, remains, conflict, or evidentiary showing beyond a listed trigger (§ 2-7-301) |
No petition, applicant, or standing class stated; Court has mandatory appointment duty when trigger exists. Court/officer gives preference to person entitled to ordinary letters: will nominee leads testate order; spouse or spouse-requested competent person leads intestate order, followed by listed family/creditor/competent-person classes. No appeal lies from appointment. Special article states no separate age, residence, neutrality, or corporate qualification (§§ 2-4-201, 2-6-208, 2-7-301, -303) |
Appointment may be made at any time without notice. Minute-order entry specifies powers; no preappointment petition, affidavit, recipient list, service period, hearing, later notice/hearing, objection, or reconsideration procedure stated. Appointment itself cannot be appealed to Supreme Court (§§ 2-7-302 to -303) |
Court enters minute order specifying powers. After order and required bond filing, clerk issues conforming letters. Before letters, appointee provides court/officer-directed surety, takes usual oath, and oath is endorsed on letters. No fixed bond amount, bond condition, waiver, reduction, acceptance, or separate oath form stated (§§ 2-7-302, -304) |
Collect/preserve goods, chattels, debts, effects, income, rents, issues, profits, estate claims/demands; take charge/manage realty and protect it from damage, waste, injury; commence, maintain, or defend necessary suits/proceedings as administrator. Perishable-property sale needs court/officer order. Other powers require appointment grant. No automatic nonperishable sale, mortgage, business continuation, remains, or distribution power (§ 2-7-305) |
Special administrator is not liable to any creditor on claim against decedent. 'Claims and demands of the estate' are collected as estate assets; § 2-7-305 does not authorize allowing, rejecting, compromising, or paying creditor claims, paying debts/expenses/taxes, or beneficiary distributions. Such action would need another statute or express appointment power within its legal limits (§ 2-7-305) |
When ordinary letters are granted, special powers cease automatically; fiduciary forthwith delivers all decedent property/effects in hand, and ordinary representative may continue special administrator's suits to judgment. No fixed term, extension, special removal/replacement standard, or continuing transaction power stated. Appointment is nonappealable (§§ 2-7-303, -306) |
Must render sworn account of proceedings in like manner as other personal representatives; if office persists without final account for one year, ordinary framework requires verified interim account then annually and permits court-ordered accounts. Immediate turnover follows ordinary letters. Article 3 states no special inventory, appraisal, report-service, compensation, attorney-fee, surcharge, bond-release, or liability-discharge rule; ordinary 'personal representative' definition includes executor/administrator, while § 2-7-305 expressly bars creditor liability (§§ 2-1-301, 2-7-305 to -307, 2-7-806) |
Every jurisdiction we can source is here: 50 of 51, verified against the statute. Ohio is absent because the state publishes no official statute text we are permitted to read and quote, and we will not fill the gap from a secondary source. If that changes, the row goes up.
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