ArticuLaw Primo

Rule 80

Special Administrator

 

Prepared by: Rushid Jay S. Sancon

 

ž     A special Administrator has been defined as the representative of decedent appointed by the probate court to care for and preserve his estate until an executor or general administrator is appointed.

 

žQuestion: What is the purpose of such appointment?

 

  Answer: The principal object of appointment is to preserve the estate until it can pass into the hands of person fully authorized to administer it for benefit of creditors and heirs

 

žQuestion: When is the appointment of special administrator necessary?

 

  Answer: the appointment is justified when there is delay in granting letters of testamentary of administration occasioned by an appeal from the allowance or disallowance of a will

 

Question: žIs the appointment of special administrator mandatory? Does it adhere to the priority of preference?

ž

   Answer: No, the appointment lies in the sound discretion of the court. Likewise, the appointment of special administrator does not adhere to the priority of preference certain persons as administrator.

 

ž   It needs to be emphasized that the appointment of a special administrator is temporary and subsists only until a regular administrator is appointed, the appointing court does not determine who are entitled to share in the estate, but who is entitled to the administration.

 

žAs officers of the court they are subject to the supervision of and control of the Probate court

 

- take possession and charge of the goods, chattels, rights, credits, and estate of the deceased and preserve       the same for the executor or administrator

- Commence and maintain suits as administrator

- Sell only perishable goods and other property upon order of the court

- By virtue of a court order, pay any debt of the deceased

 

ž   Upon issuance of letters of testamentary or of administration are granted on the estate of the deceased the powers of the special administrator shall cease

 

 

žQuestion: What would be the effect of the transfer of power of special administrator to the appointed executor or administrator?

 

     Answer: the appointed executor or administrator may prosecute to final judgment the suit commenced by such special administration.

 

ž   Note: No appeal lies from the appointment of a special administrator. The order of appointment is an interlocutory order.

 

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See Corona v. Court of Appeals (GR No. l-59821)