State Codes and Statutes

State Codes and Statutes

Statutes > Nebraska > Chapter30 > 30-2457

30-2457. 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 30-2452.(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. SourceLaws 1974, LB 354, § 135, UPC § 3-614.AnnotationsIn the absence of evidence, no emergency basis under this section can be established upon which a county court could base its suspension of a personal representative and the appointment of a temporary special administrator. In re Estate of Cooper, 275 Neb. 322, 746 N.W.2d 663 (2008).Once a personal representative is prohibited from acting under section 30-2454, an interested party may thereafter move under this section for the appointment of a special administrator, based on the facts that the personal representative has received notice under section 30-2454 and cannot act and that the appointment of a special administrator would be appropriate to preserve the estate or to secure its proper administration. In re Estate of Cooper, 275 Neb 322, 746 N.W.2d 663 (2008).Taken together, section 30-2454 and this section set forth a procedure by which to suspend and remove a personal representative and appoint a special administrator. In re Estate of Cooper, 275 Neb. 322, 746 N.W.2d 663 (2008).This section permits a special administrator to be appointed after notice when a personal representative cannot or should not act and also permits the appointment of a special administrator without notice when an emergency exists. In re Estate of Cooper, 275 Neb. 322, 746 N.W.2d 663 (2008).A special administrator may be appointed for the limited purpose of accepting a claim against an estate. The imminent running of the statute of limitations by creditors against a decedent's estate constitutes an emergency for purposes of this section. This section does not require subsequent notice after the emergency appointment of a special administrator without notice. In re Estate of Wilson, 8 Neb. App. 467, 594 N.W.2d 695 (1999).