The Use of Special Administrators in Colorado
| Publication year | 1990 |
| Pages | 2433 |
1990, December, Pg. 2433. The Use of Special Administrators in Colorado
Special administration, a process sanctioned and authorized by the Colorado Probate Code ("CPC") has been defined as the "[a]uthority to administer upon some few particular effects of a decedent, as opposed to authority to administer his whole estate."(fn1) This definition conveys the general idea of special administration---as a somewhat limited participation in the overall administration of a decedent's estate. It does not tell the whole story.
This article discusses (1) some circumstances when appointment of a special administrator may be appropriate, (2) persons who may be appointed special administrator, (3) procedures for securing appointment and (4) duties a special administrator may be expected to perform.
C.R.S. § 15-12-614 provides for the appointment of a special administrator by both informal and formal proceedings. Informal appointment by the registrar is appropriate when necessary to protect the estate of a decedent prior to the appointment of a general personal representative or if a prior appointment of a personal representative has been terminated by death or disability.(fn2) Formal proceedings---which require notice, a hearing and court appointment---are necessary when a special administrator must be appointed to preserve the estate or to secure its proper administration. This includes administering the estate in circumstances where the general personal representative cannot or should not act.(fn3) The notice requirement may be dispensed with if it appears to the court that an emergency exists.(fn4)
Informal appointment of a special administrator is only available for the limited purpose of "protecting the estate." The appointment must be necessitated either because no general personal representative has yet been appointed or because the previously appointed general personal representative has died or become disabled. Therefore, although informal proceedings are not available in many cases where special administration is called for, there are a number of situations that fit neatly within the statutory constraints.
For example, an estate may consist of perishable property that would become worthless if the parties were forced to wait five days before a general personal representative could be appointed informally.(fn5) Alternatively, a will might mandate or circumstances might warrant that the will be probated formally. This would preclude appointment of a general personal representative without full notice and a hearing. In such a case, the appointment of a special administrator could be sought to preserve the estate during the interim period.
If competing instruments are presented as the decedent's last will, special administration may be warranted to preserve the estate pending resolution of the will contest. However, the complexity of the situation may make formal appointment more appropriate, since the powers of an informally appointed special administrator are limited and may not be sufficient to serve the needs of the estate during a protracted will contest (as detailed later in this article). The informal appointment of a special administrator similarly might be attractive in the event of a conflict over who should be issued letters. Nevertheless, as with will contests, consideration should be given to formal appointment if protracted litigation is anticipated.
Finally, when an existing personal representative dies or becomes disabled,
...
To continue reading
Request your trial