Special administration refers to the appointment of an individual to oversee the management and distribution of a deceased person’s assets. This occurs in cases where there is no will or when the designated executor is unable to fulfil their duties. In certain instances, the special administrator may only have authority over specific assets rather than the entire estate. Special administration can be granted in various circumstances, such as during a legal dispute or on a temporary basis. The primary objective is to ensure the proper handling and rightful transfer of the deceased person’s property.
Special administration is a form of administration that focuses on specific aspects of a decedent’s property, rather than the entire estate. It can also refer to an administration granted during a legal dispute over the validity of a will. For instance, one administrator may be appointed to handle and distribute the decedent’s real estate, while another administrator may be appointed to manage and distribute the personal property. In cases where there is a dispute over certain assets or when different types of property require separate management, special administration may be necessary. It serves as a limited form of administration that addresses specific areas of the decedent’s estate.
Special administration is a legal process that allows for the efficient and expedited administration of an estate when there are specific circumstances that require immediate attention or expertise.
Special administration may be necessary in situations where there is a need to preserve assets, resolve disputes, or address urgent matters related to the estate, such as pending litigation or imminent financial obligations.
Typically, a person with a legal interest in the estate, such as a beneficiary or a creditor, can apply for special administration. However, the specific requirements may vary depending on the jurisdiction.
The duration of special administration varies depending on the complexity of the estate and the issues that need to be addressed. It can range from a few months to several years.
A special administrator has limited powers that are specifically granted by the court. These powers may include managing and preserving assets, paying debts and expenses, and making decisions related to the estate.
Yes, a special administrator can be removed if they fail to fulfill their duties or if there is evidence of misconduct. The court has the authority to remove and replace a special administrator if necessary.
The compensation for a special administrator is determined by the court and is usually based on a reasonable fee for the services rendered. The specific amount and method of payment may vary depending on the jurisdiction.
In most cases, a special administrator does not have the authority to distribute assets to beneficiaries without court approval. The distribution of assets is typically done at the conclusion of the special administration process.
Yes, a special administrator may have the power to sell estate property if it is necessary to fulfill the obligations of the estate or to preserve its value. However, the sale of property usually requires court approval.
After special administration is completed, the estate is typically transitioned to regular administration, where a permanent executor or administrator is appointed to handle the remaining tasks, such as finalizing the distribution of assets and closing the estate.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
To help you cite our definitions in your bibliography, here is the proper citation layout for the three major formatting styles, with all of the relevant information filled in.
- Page URL:https://dlssolicitors.com/define/special-administration/
- Modern Language Association (MLA):Special Administration. dlssolicitors.com. DLS Solicitors. May 09 2024 https://dlssolicitors.com/define/special-administration/.
- Chicago Manual of Style (CMS):Special Administration. dlssolicitors.com. DLS Solicitors. https://dlssolicitors.com/define/special-administration/ (accessed: May 09 2024).
- American Psychological Association (APA):Special Administration. dlssolicitors.com. Retrieved May 09 2024, from dlssolicitors.com website: https://dlssolicitors.com/define/special-administration/
Our team of professionals are based in Alderley Edge, Cheshire. We offer clear, specialist legal advice in all matters relating to Family Law, Wills, Trusts, Probate, Lasting Power of Attorney and Court of Protection.
All author posts