Rule 80. Special administrator

Question 1

When may a special administrator be appointed?

Answer 1

When there is delay in granting letters testamentary or of administration by any cause including an appeal from the allowance or disallowance of a will, the court may appoint a special administrator to take possession and charge of the estate of the deceased until the questions causing the delay are decided and executors or administrators appointed (Sec. 1, Rule 80).

Question 2

ToF. Notice and publication is not required before appointment of a special administrator.

Answer 2

The Supreme Court held the notice through publication of the petition is a jurisdictional requirement even in the appointment of a special administrator

Question 3

What is a special administrator?

Answer 3

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 admin­ istrator is appointed.

Question 4

ToF. The order appointing the special administrator lies within the discretion of the probate court, and is not appealable

Answer 4

True.

The preference accorded by Section 6 of Rule 78 of the Revised Rules of Court to the surviving spouse refers to the appointment of a
regular administrator or administratrix, not to that of a special administrator, and that the order appointing the latter lies within the discretion of the probate court, and is not appealable

Question 5

ToF. No temporary administration can be granted where there is an executor capable of acting.

Answer 5

True.

Question 6

What are the powersand duties of a special administrator?

Answer 6

“A special administrator shall collect and take charge of the goods, chattels, rights, credits, and estate of the deceased and preserve the same for the executor or administrator afterwards (to be) appointed

Question 7

When does the powers of special administrator cease?

Answer 7

SEC. 3. When powers of special administrator cease. Transfer of effects. Pending suits. — When letters testamen­
tary or of administration are granted on the estate of the de­ceased, the powers of the special administrator shall cease, and he shall forthwith deliver to the executor or administra­ tor the goods, chattels, money, and estate of the deceased in his hands.

Question 8

When does the powers of special administrator cease?

Answer 8

SEC. 3. When powers of special administrator cease. Transfer of effects. Pending suits. — When letters testamen­
tary or of administration are granted on the estate of the de­ceased, the powers of the special administrator shall cease, and he shall forthwith deliver to the executor or administra­ tor the goods, chattels, money, and estate of the deceased in his hands.

Question 9

ToF. An order appointing a special administrator is interlocutory in nature, a mere incident to the judicial proceedings.

Answer 9

True