§560:3-614 - Special administrator; appointment.
§560:3-614 Special administrator;
appointment. A special administrator may be appointed:
(1) Informally by the registrar on the application of
any interested person when necessary to protect the estate of a decedent prior
to the appointment of a general personal representative or if a prior
appointment has been terminated as provided in section 560:3-609; and
(2) In a formal proceeding by order of the court on
the petition of any interested person and finding, after notice and hearing,
that appointment is necessary to preserve the estate or to secure its proper
administration including its administration in circumstances where a general
personal representative cannot or should not act. If it appears to the court
that an emergency exists, appointment may be ordered without notice. [L 1996, c
288, pt of §1]
Rules of Court
Special administration, see HPR rule 56.
Case Notes
Circuit court properly denied appellant's petition for
appointment as special administrator where appellant was not an "interested
person", as defined in §560:1-201, who could petition the court under this
section; appellant had no familial relationship to decedent's family, did not
have a property right or claim against decedent's estate, and did not have
priority under §560:3-203 to be appointed as personal representative of
decedent's estate. 88 H. 148, 963 P.2d 1124.