2025 Session Last amended: 2013 session

§ 524.3-615 — Special Administrator; Who May Be Appointed

Plain-Language Summary

This section sets out who may be appointed as a special administrator. When a special administrator is needed while a will is pending probate, the person named as executor in that will is appointed if available and qualified, except that if the court finds the named representative may not be entitled to benefits under the relevant statute, the court may instead appoint a qualified neutral, a professional fiduciary, or an interested person. In other cases, any proper person may be appointed.

524.3-615 SPECIAL ADMINISTRATOR; WHO MAY BE APPOINTED.

(a) Except as provided in paragraph (b), if a special administrator is to be appointed pending the probate of a will which is the subject of a pending application or petition for probate, the person named executor in the will shall be appointed if available, and qualified.

(b) In cases where the court determines a personal representative named in a will may not be entitled to benefits pursuant to section 524.2-803, the court may appoint a qualified neutral, professional fiduciary, or an interested person to serve as special administrator.

History:

1974 c 442 art 3 s 524.3-615; 2013 c 94 s 3

History: History: 1974 c 442 art 3 s 524.3-615; 2013 c 94 s 3

Practical Notes

This section governs the choice of who serves as special administrator, not what powers that person has. Generally the will’s named executor gets priority, but the court can appoint a neutral or professional fiduciary if there is a question about the named representative’s eligibility, and in situations without a will-named executor the court may appoint any suitable person.

Source: Minnesota Office of the Revisor of Statutes