Minnesota Special Administration

Minnesota Special Administration

Minnesota Special Administration

Minnesota Special Administration Situations

Occasionally, the need will arise for the immediate appointment of a Minnesota estate representative to address urgent concerns, such as:

  • the well-being of animals,
  • the administration of rental property tenants,
  • the day-to-day needs of an operating business, or
  • the presence of perishable inventory items.

(i)      Minnesota Special Administration – Formal Appointment

If the probate court finds that the appointment of a Minnesota special administrator is necessary in order to:

  • preserve the estate, or
  • secure its proper administration,

it may appoint a short-term Minnesota special administrator, after:

  • notice to interested parties has been provided, and
  • a hearing has been held.

(ii)     Minnesota Special Administration Emergency Formal Appointment

In an emergency, some courts may be willing to appoint a Minnesota special administrator without any notice requirement – after a hearing.

The powers of a Minnesota special administrator who is appointed Formally by judge are generally the same as those of a general Minnesota personal representative – except to the extent restricted by the court.

(iii)    Minnesota Special Administration – Informal Appointment

In some counties, a Minnesota special administrator may be appointed by the probate registrar:

  • without a hearing, and
  • without notice to interested persons,

when necessary to protect the estate of the decedent prior to the appointment of a Minnesota general personal representative.

In furtherance of such interests, the Minnesota special administrator will be authorized to:

  • search for the existence of estate assets,
  • collect and manage such assets,
  • hold the estate assets until a Minnesota general personal representative can be appointed pursuant to normal probate procedures, and
  • deliver the estate assets to the duly appointed Minnesota general personal representative.

However, not all counties will allow a Minnesota special administrator to be appointed informally by the probate registrar.

(iv)    Minnesota Special Administration – Person to be Appointed as Special Administrator

Normally, the person named as the Minnesota personal representative of the decedent’s Will should be named as the Minnesota special administrator, if such person is available, and  qualified to serve.

However, in other cases, any proper person may be appointed as the Minnesota special administrator.

(v)     Minnesota Special Administration – Surety Bond

The posting of a surety bond is required with respect to all Minnesota special administrators, although the petitioner may request that a minimum surety bond be posted if the extent of estate assets is unknown.

(vi)    Minnesota Special Administration – Termination of the Authority of the Special Administrator

The authority of a Minnesota special administrator will terminate upon the appointment of a Minnesota general personal representative of the estate obtained in the normal manner.

Minnesota Special Administration – Conclusion

If you have need of a Minnesota special probate administrator in an urgent Minnesota Special Administration situation, contact attorney Gary C. Dahle, at 763-780-8390, or gary@dahlelaw.com.

 

 

Copyright 2017 – All Rights Reserved

Gary C. Dahle – Attorney at Law

2704 County Road 10, Mounds View, MN 55112

Phone:  763-780-8390    Fax: 763-780-1735

gary@dahlelaw.com

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Legal Disclaimer

Information provided herein is only for general informational and educational purposes.

Minnesota probate law involves many complex legal issues.

If you have a specific legal problem about which you are seeking advice, either consult with your own attorney or retain an attorney of your choice.

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