Causes for appointment of Special Administrator or, read this to keep you lawsuit alive
Good cause exists, for a Nevada Special Administration when the dead person was involved in a law suit at the time of death. This is a serious consideration because a personal injury or other law suit may be dismissed after the victims death if no personal Representative is appointed timely. Other reasons for a Special Administration include: If there is a delay in opening a probate If there is a problem opening a probate if there are no assets subject to administration but good cause exists for the appointment of a personal representative.
Notice and order of appointment
The appointment of a special administrator may be by the probate court and without notice and a record must be made in the minutes of the court or by written order signed and filed, which must specify the powers to be exercised by the special administrator. In making the appointment of a special administrator, the court may give preference to family members. No appeal may be taken from the appointment.
Powers, duties of a Nevada estate special administrator
1. A special administrator shall: (a) Collect and preserve for the executor or administrator when appointed all the goods, chattels and receivables of the decedent, and all incomes, rents, issues, profits, claims and demands of the estate. (b) Take charge and management of the real property and enter upon and preserve it from damage, waste and injury. 2. A special administrator may: (a) For all necessary purposes, commence, maintain or defend actions and other legal proceedings as a personal representative. (b) Without prior order of the court, sell any perishable property of the estate, as provided in NRS 148.170. (c) Exercise such other powers as have been conferred by the order of appointment. 3. A special administrator is not liable: (a) To any creditor on any claim against the estate
Contest of will
1. If a special administrator is appointed pending determination of a contest of a will instituted before it is admitted to probate, or pending an appeal from an order appointing, suspending or removing an executor or administrator, the special administrator has the same powers, duties and obligations as an executor or administrator, and the letters of administration issued to him must recite that the special administrator is appointed with those powers. 2. If a special administrator has been appointed, and thereafter a proceeding to contest a will before it is admitted to probate has been instituted, the court shall enter an order granting to the special administrator the additional powers, duties and obligations of an executor or administrator and requiring such additional bond as the court deems proper. The order is not appealable.
Accounting of a Nevada special administrator
A special administrator shall also render an account, under oath, as other administrators are required to do, but if a special administrator is appointed to be the succeeding administrator or the executor, the accounting may be included in the first accounting as administrator or executor.
Probate is opened, grant of letters testamentary or letters of administration
If letters testamentary or letters of administration are granted, the powers of a special administrator cease, and the special administrator shall immediately deliver to the executor or administrator all the property and effects of the decedent in the possession of the special administrator and the executor or administrator may prosecute to final judgment any action commenced by the special administrator.