PETITION FOR APPOINTMENT OF SPECIAL ADMINISTRATOR

Emergency or Limited Administration of Estate

PART 1: COURT CAPTION

IN THE _____________ COURT

_____________ COUNTY, STATE OF _____________

PETITION FOR APPOINTMENT OF SPECIAL ADMINISTRATOR

The Petitioner, _________________________________, respectfully petitions this Court for the appointment of a Special Administrator for the Estate of _________________________________, deceased, and in support thereof states as follows:

PART 2: PETITIONER INFORMATION

Section A: Petitioner's Identity

Section B: Petitioner's Standing

Petitioner is an interested person with standing to file this Petition as:

☐ Surviving spouse
☐ Child of Decedent
☐ Parent of Decedent
☐ Sibling of Decedent
☐ Named beneficiary under Will
☐ Intestate heir
☐ Creditor of the Estate
☐ Named Executor under Will (pending formal appointment)
☐ Other interested party: _________________________________

PART 3: DECEDENT INFORMATION

Section A: Decedent's Identity

Section B: Decedent's Domicile

Section C: Circumstances of Death

PART 4: STATUS OF PROBATE PROCEEDINGS

Section A: Current Probate Status

Check the applicable situation:

☐ No Probate Case Filed
- Probate has not yet been initiated
- This Petition seeks appointment prior to or in lieu of general administration

☐ Probate Case Pending
- Case Number: _________________________________
- Date Filed: _________________________________
- Current Status: _________________________________

☐ Personal Representative Appointed but Unable to Act
- Current PR: _________________________________
- Reason unable to act: _________________________________

☐ Personal Representative Removed/Resigned
- Date of removal/resignation: _________________________________
- Successor not yet appointed

☐ Will Contest Pending
- Administration delayed due to litigation
- Estate requires immediate management

Section B: Will Information

Existence of Will:

☐ Decedent died testate (with a Will)
- Date of Will: _________________________________
- Location of Will: _________________________________
- Named Executor: _________________________________
- Will filed with Court: ☐ Yes ☐ No

☐ Decedent died intestate (without a Will)

☐ Will existence unknown/disputed

PART 5: GROUNDS FOR SPECIAL ADMINISTRATION

Section A: Type of Special Administration Requested

Select the type of special administration needed:

☐ Emergency/Temporary Special Administrator
- Immediate appointment needed to prevent loss
- Limited duration until general PR appointed
- Powers limited to emergency matters

☐ Special Administrator Pending Will Contest
- Administration needed while will validity litigated
- May continue until contest resolved

☐ Special Administrator with General Powers
- Full administration powers
- Circumstances warrant bypass of normal appointment process

☐ Special Administrator for Specific Purpose
- Limited powers for specific task(s)
- Purpose: _________________________________

☐ Successor Special Administrator
- Prior administrator removed/unable to serve
- Emergency appointment of successor

Section B: Circumstances Requiring Special Administration

Check all applicable circumstances:

Emergency Situations:

☐ Perishable/Wasting Assets
- Description: _________________________________
- Immediate action needed: _________________________________
- Estimated value at risk: $_________________________________

☐ Property Requiring Immediate Protection
- Real property unsecured/uninsured
- Personal property at risk of theft/damage
- Business operations at risk
- Description: _________________________________

☐ Pending Litigation Requiring Immediate Attention
- Case name: _________________________________
- Court/Case No.: _________________________________
- Deadline: _________________________________
- Action needed: _________________________________

☐ Contracts/Agreements Requiring Immediate Action
- Nature of contract: _________________________________
- Deadline: _________________________________
- Consequences of inaction: _________________________________

☐ Business Operations
- Decedent's business requires immediate management
- Employees need direction/payroll
- Customers/clients require service
- Description: _________________________________

Delay Situations:

☐ Delay in Probate Proceedings
- Cause of delay: _________________________________
- Expected duration: _________________________________
- Estate requires management during delay

☐ Will Contest Pending
- Contest filed by: _________________________________
- Issues disputed: _________________________________
- Estate requires neutral management

☐ Missing/Unknown Heirs
- Search ongoing for: _________________________________
- Administration needed pending heir determination

☐ Incapacity/Unavailability of Named Executor
- Named executor: _________________________________
- Reason unavailable: _________________________________

☐ Dispute Among Those Entitled to Serve
- Parties in dispute: _________________________________
- Nature of dispute: _________________________________

Other Circumstances:

☐ Creditor Protection
- Estate assets at risk of dissipation
- Creditor claims need processing

☐ Tax Matters
- Tax return filing deadline: _________________________________
- Tax election required by: _________________________________

☐ Other: _________________________________

Section C: Detailed Statement of Necessity

Provide detailed facts demonstrating the need for special administration:

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

PART 6: PROPOSED SPECIAL ADMINISTRATOR

Section A: Nominee Information

Section B: Qualifications

The proposed Special Administrator is qualified because:

☐ Is at least 18 years of age
☐ Is a resident of this state (or as permitted by law)
☐ Has not been convicted of a felony
☐ Is not incapacitated
☐ Is financially responsible
☐ Has relevant experience: _________________________________
☐ Is acceptable to interested parties
☐ Is a professional fiduciary (if applicable)

Section C: Conflicts of Interest

Disclosure of any potential conflicts:

☐ No conflicts of interest exist
☐ Potential conflicts disclosed:

______________________________________________________________________________

Section D: Consent of Proposed Administrator

☐ Proposed Special Administrator consents to appointment
☐ Written consent attached as Exhibit _____

Consent Statement:

I, _________________________________, consent to serve as Special Administrator of the Estate of _________________________________, if appointed by the Court.

Signature: _________________________ Date: _____________

PART 7: REQUESTED POWERS

Section A: Scope of Authority

Petitioner requests that the Special Administrator be granted the following powers:

Essential Powers:

☐ Take possession of estate assets
☐ Secure and protect estate property
☐ Collect debts owed to the estate
☐ Pay necessary expenses of administration
☐ Maintain insurance on estate property
☐ Access Decedent's safe deposit boxes
☐ Access Decedent's bank accounts
☐ Receive mail addressed to Decedent

Property Management:

☐ Manage real property (collect rents, pay expenses)
☐ Make necessary repairs to property
☐ Continue existing leases
☐ Enter into new leases (duration: _______)
☐ Sell perishable property
☐ Sell personal property
☐ Sell real property (with court approval)
☐ Maintain and operate business

Financial Powers:

☐ Open estate bank accounts
☐ Make distributions to beneficiaries (with court approval)
☐ Pay valid creditor claims
☐ File tax returns
☐ Make tax elections
☐ Invest estate funds

Legal Powers:

☐ Hire attorneys for the estate
☐ Prosecute claims on behalf of estate
☐ Defend against claims against estate
☐ Compromise or settle claims
☐ Appear in litigation on behalf of estate

Limitations on Powers:

☐ All powers granted (general administration)
☐ Powers limited to: _________________________________
☐ Court approval required before: _________________________________

Section B: Duration of Appointment

The Special Administrator appointment should:

☐ Continue until a general Personal Representative is appointed
☐ Continue for _____ days/months
☐ Continue until specific task completed: _________________________________
☐ Continue until will contest resolved
☐ Continue at Court's discretion

PART 8: ESTATE INFORMATION

Section A: Known Assets

Estimated Estate Assets:

Section B: Known Liabilities

PART 9: BOND REQUIREMENT

Section A: Bond Amount

Petitioner requests:

☐ Bond be set at $_____________ (amount)
☐ Bond be waived because: _________________________________
☐ Court determine appropriate bond amount
☐ Professional fiduciary - bond per professional requirements

Section B: Justification

If requesting reduced bond or waiver:

☐ Will waives bond requirement
☐ Limited powers requested minimize risk
☐ Professional fiduciary with bonding coverage
☐ All interested parties consent to waiver
☐ Other: _________________________________

PART 10: INTERESTED PARTIES

Section A: List of Known Heirs/Beneficiaries

Section B: Notice and Consent

☐ All interested parties have been notified of this Petition
☐ All interested parties consent to appointment
☐ Consent forms attached
☐ Notice given but consent not obtained from: _________________________________
☐ Emergency - notice to be given after appointment

PART 11: EMERGENCY REQUEST (IF APPLICABLE)

Section A: Request for Emergency/Ex Parte Hearing

☐ This Petition includes a request for emergency/ex parte appointment

Grounds for Emergency:

☐ Immediate irreparable harm to estate if appointment delayed
☐ Assets at immediate risk of loss, theft, or destruction
☐ Legal deadline requires immediate action
☐ Other exigent circumstances: _________________________________

Specific Emergency:

______________________________________________________________________________

______________________________________________________________________________

Section B: Ex Parte Notice

☐ Notice has been given to interested parties of this ex parte request
☐ Notice could not be given because: _________________________________
☐ Petitioner will give notice within _____ hours/days of appointment

PART 12: VERIFICATION

Verification Under Penalty of Perjury

I, _________________________________, declare under penalty of perjury:

☐ I am the Petitioner named above

☐ I have personal knowledge of the facts stated in this Petition

☐ The facts stated herein are true and correct to the best of my knowledge

☐ I believe special administration is necessary for the reasons stated

☐ I am not aware of any reason the proposed Special Administrator should not serve

Signature: _________________________ Date: _____________

Printed Name: _________________________________

Notarization

State of _____________
County of _____________

Subscribed and sworn to before me this _____ day of _____________, 20_____.

_________________________________
Notary Public

My Commission Expires: _____________

PART 13: ATTORNEY CERTIFICATION

Attorney Signature: _________________________ Date: _____________

PART 14: PRAYER FOR RELIEF

WHEREFORE, Petitioner respectfully requests that this Court:

1. Appoint _________________________________ as Special Administrator of the Estate of _________________________________, deceased;

2. Issue Letters of Special Administration to the appointee;

3. Grant the Special Administrator the powers described in this Petition;

4. Set bond in the amount of $_____________ (or as the Court deems appropriate);

5. [If emergency] Grant emergency/ex parte appointment;

6. Grant such other and further relief as the Court deems just and proper.

CERTIFICATE OF SERVICE

I hereby certify that on _____________, I served a copy of this Petition on all interested parties:

[List parties and method of service]

_________________________________
Signature

PROPOSED ORDER

ORDER APPOINTING SPECIAL ADMINISTRATOR

This matter having come before the Court on the Petition for Appointment of Special Administrator, and the Court being fully advised:

IT IS ORDERED:

1. _________________________________ is appointed Special Administrator of the Estate of _________________________________, deceased.

2. Letters of Special Administration shall issue upon:
   ☐ Posting of bond in the amount of $_____________
   ☐ Bond is waived
   ☐ Filing of oath/acceptance

3. The Special Administrator shall have the following powers:
   ☐ All powers of a general personal representative
   ☐ Limited powers as follows: _________________________________

4. This appointment shall continue until: _________________________________

5. The Special Administrator shall file a report with this Court by _____________.

ORDERED this _____ day of _____________, 20_____.

_________________________________
Judge

STATE-SPECIFIC VARIATIONS

UPC States

• Authority: UPC §§ 3-614 to 3-618
• Types: Special administrator (3-614), successor (3-616)
• Powers: May be limited or general per court order

California

• Statute: Probate Code §§ 8540-8547
• Special Administrator: For preservation of estate pending probate
• Powers: Specified by court; may be broad or limited

Florida

• Statute: F.S. § 733.501
• Curator: Emergency appointment for 60 days
• Special Administrator: Extended administration

New York

• Statute: SCPA § 702, 901-902
• Temporary Administrator: Pending will contest
• Preliminary Letters: Limited administration

Texas

• Statute: Estates Code §§ 452.001-452.052
• Temporary Administrator: Emergency situations
• Powers: Determined by court order

PRACTICE NOTES

When to Seek Special Administration

☐ Assets at risk before general administration can begin
☐ Will contest delays normal administration
☐ Named executor unable or unwilling to serve
☐ Disputes among those entitled to serve
☐ Emergency requiring immediate fiduciary action

Typical Duration

• Emergency/temporary: 30-90 days
• Pending will contest: Until contest resolved
• Pending heir determination: Until heirs identified
• Until general PR appointed: Varies

Fees and Compensation

☐ Special administrators typically entitled to reasonable compensation
☐ Professional fiduciaries may charge hourly or percentage
☐ Court approval may be required for fees
☐ Estate bears cost of administration

EXHIBITS CHECKLIST

☐ Exhibit A - Death Certificate
☐ Exhibit B - Copy of Will (if any)
☐ Exhibit C - Proposed Administrator's Consent
☐ Exhibit D - Evidence of Emergency (documents, photos)
☐ Exhibit E - List of Known Assets
☐ Exhibit F - Consents of Interested Parties
☐ Exhibit G - Proposed Order

This template provides guidance for petitioning for appointment of a special administrator. Special administration is appropriate in limited circumstances requiring immediate or interim estate management. Court approval is required. Consult a probate attorney to determine if special administration is appropriate for your situation.