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:

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 2018 – 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


Topics of Interest:

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.

Gary C. Dahle, Attorney at Law, is licensed to practice law in the State of Minnesota, in the United States of America. Therefore, only those persons interested in matters governed by the laws of the State of Minnesota should consult with, or provide information to, Gary C. Dahle, Attorney at Law, or take note of information provided herein.

Accessing the web site of Gary C. Dahle, Attorney at Law – http://www.dahlelaw.com – may be held to be a request for information. However, the mere act of either providing information to Gary C. Dahle, Attorney at Law, or taking note of information provided on http://www.dahlelaw.com, does not constitute legal advice, or establish an attorney/client relationship.

Nothing herein will be deemed to be the practice of law or the provision of legal advice. Clients are accepted by Gary C. Dahle, Attorney at Law, only after preliminary personal communications with him, and subject to mutual agreement on terms of representation.

If you are not a current client of Gary C. Dahle, Attorney at Law, please do not use the e-mail links or forms to communicate confidential information which you wish to be protected by the attorney-client privilege.

Please use caution in communicating over the Internet. The Internet is not a secure environment and confidential information sent by e-mail may be at risk.

Gary C. Dahle, Attorney at Law, provides the http://www.dahlelaw.com web site and its contents on an “as is” basis, and makes no representations or warranties concerning site content or function, including but not limited to any warranty of accuracy, or completeness.

Links to Minnesota Probate Records

Minnesota Department of Health – Death Records Index – 1997 to Present:  http://www.health.state.mn.us/divs/chs/osr/DecdIndex/dthSearch.cfm

Minnesota Historical Society – Death Records; 1904 – 2001: http://www.mnhs.org/people/deathrecords

Minnesota Department of Health – Birth Certificateshttp://www.health.state.mn.us/divs/chs/osr/birth.html

Minnesota Historical Society – Birth Records: http://www.mnhs.org/people/birthrecords

Minnesota Marriage Recordshttps://moms.mn.gov/