Spec Pro Class 2020

SECTION 1: APPOINTMENT OF SPECIAL ADMINISTRATOR ​

 

       Where 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 and administrators appointed.

 

SPECIAL ADMINISTRATOR

• Is a representative of the decedent appointed by the probate court to care for and preserve his estate until an executor or general administrator is appointed.

 

WHEN CAN THE COURT APPOINT A SPECIAL ADMINISTRATOR?

• When there is DELAY in granting letters testamentary or of administration occasioned by an appeal from the allowance or disallowance of the will or some other cause.

 

SECTION 2: Powers and Duties of Special Administrator

 

      Such special administrator shall take possession and charge of the goods, chattels, rights, credits, and estate of the deceased and preserve the same for the executor or administrator afterwards appointed, and for that purpose may commence and maintain suits as administrator. He may sell only such perishable and other property as the court orders sold.

 

    A special administrator shall not be liable to pay any debts of the deceased unless so ordered by the court.

 

REGULAR ADMINISTRATOR vs SPECIAL ADMINISTRATOR

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• REGULAR ADMINISTRATOR

– is appointed when a decedent died intestate or did not appoint any executor in his will or the will is subsequently disallowed;

– is obliged to pay the debts of the estate;

– His appointment may be the subject of an appeal;

 

• SPECIAL ADMINISTRATOR

– is appointed when there is delay in granting letters testamentary or of administration;

– not obliged to pay debts or charges against the estate;

-his order of appointment is regarded as an interlocutory order and may not be the subject of an appeal;

 

WHEN MAY THE COURT APPOINT A SPECIAL CO- ADMINISTRATORS?

    Under certain circumstances and for various reasons well settles in Philippine and American jurisprudence, the Supreme Court upheld the appointment of co- administrators:

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          1) to have the benefits of their judgment and perhaps at all times to                  have different interest represented;

          2) Where justice and equity demand that opposing parties or factions                 be represented in the management of the estate of the deceased;

          3) Where the estate is large or, from any cause, an intricate and                        perplexing one to settle;

          4) To have all the interested persons satisfied and the representatives                 to work in harmony for the best interests of the estate; and

          5) When a person entitled to the administration of an estate desires                  to have another competent person associated with him in the office

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SECTION 3: When powers of a Special Administrator cease; Transfer of Effects; Pending suits.

 

• When letters testamentary 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 administrator the goods, chattels, money, and estate of the deceased in his hands.

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• The executor or administrator may prosecute to final judgment suits commenced by such special administrator.

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