Tuesday, April 1, 2014

Special Letters Of Administration in Probate Proceedings

Appointing a personal representative in a probate proceeding usually takes from 3 weeks to several months.  In cases where litigation between parties occurs, it can take even longer.  The delay in appointing a personal representative can be a major problem as assets need to be collected and preserved and other estate business needs to be completed.  The appointment of a special administrator helps to resolve this problem.
In Nevada, a special administrator can be appointed quickly through an ex-parte petition and order and without a court hearing.  A special administrator has several powers outlined in NRS 140.040:

NRS140.040  Powers, duties and immunity from liability for certain claims.

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.

(d)Obtain leave of the court to borrow money or to lease or mortgage real property in the same manner as an executor or administrator.

These powers allow a special administrator to conduct necessary estate business such as gather and preserve estate assets, manage a business or participate in legal proceedings for the estate pending the appointment of a personal representative.  Often, special administrators are appointed to open and inventory safe deposit boxes to look for a Last Will and Testament or other important documents. Feel free to contact our office should you have any questions regarding the appointment of a special administrator. 

Attorney – Corey J. Schmutz

No comments:

Post a Comment