With every probate case following the same general pattern, a proposed executor will often have to wait 6 weeks to be granted the court’s permission to handle the decedent’s estate. However, certain extenuating circumstances may not allow time for the normal appointment period, and hence the court must assign a special administrator to deal with the case immediately. If you seek legal assistance with appointing a probate special administrator in Roseville, CA, the law firm of Meissner, Joseph & Palley, Inc. is here for you.
What is a Probate Special Administrator?
According to the California probate code, section 8540-8547, a probate special administrator is a temporary executor assigned “to exercise any powers that may be appropriate under the circumstances for the preservation of the estate.” Once a certain term expires, certain tasks are performed, and/or other terms specified by the court are fulfilled, the regular administration tasks are handed over to the full executor.
Common situations requiring the appointment of a probate special administrator include but are not limited to:
- The existence or validity of a will is uncertain,
- A business must be operated and payroll checks signed,
- A house is facing a foreclosure sale,
- Personal property must be preserved from damage,
- Income, rent, etc. must be collected for the estate,
- Livestock or perishable goods must be taken immediate possession of,
- An heir attempts to claim or hide an estate asset, or
- Other duties conferred by the court must be performed.
Experienced Probate Attorney
Special administration is a branch of probate that varies from case to case, as there is a variety of customization options when a temporary administrator is requested. To ensure that the request is completed based on California’s complex probate laws, it is strongly recommended to work with an experienced probate attorney. Only a qualified attorney like our own John B. Palley can guide you through the process with speed and efficiency, thereby helping you avoid any delays in the extenuating circumstance at hand.
If you are dealing with a unique probate case and require a court-appointed probate special administrator in Roseville, CA, please contact the law firm of Meissner, Joseph & Palley, Inc. today by calling 916-774-0560 or fill out the contact form below.