§ 29-1-10-15 — Special administrator; appointment; appeal of order

Indiana § 29-1-10-15

• Jurisdiction: Indiana
• Art. 1: PROBATE CODE
• Ch. 10: Personal Representatives

Text

(a) A special administrator may be appointed
by the court if:
(1) from any cause, delay is necessarily occasioned in granting
letters;
(2) before the expiration of the time allowed by law for issuing
letters, any competent person shall file an affidavit with the clerk
stating that anyone is intermeddling with the estate or that there
is no one having authority to take care of the same;
(3) any person shall have died testate and objections to the
probate of the person's will shall have been filed as provided by
law;
(4) the court determines that the appointment is necessary under
IC 29-1-13-16; or
(5) no personal representative has been appointed and the
appointment is sought for the sole purpose of pursuing damages
for a decedent's wrongful death after notice and hearing as
provided in section 15.5 of this chapter.
(b) The appointment of a special administrator may be for a
specified time to perform duties respecting specific property, or to
perform particular acts as shall be stated in the order of appointment.
The fact that a person has been designated as executor in a decedent's
will shall not disqualify the person from being appointed special
administrator of such decedent's estate or any portion thereof.
(c) The special administrator shall make such reports as the court
shall direct, and shall account to the court upon the termination of the
special administrator's authority. Otherwise, and except as the
provisions of this article by terms apply to general personal
representatives, and except as ordered by the court, the law and
procedure relating to personal representatives in this article shall apply
to special administrators. The order appointing a special administrator
shall not be appealable.
Formerly: Acts 1953, c.112, s.1015. As amended by Acts 1982,
P.L.171, SEC.30; P.L.162-2022, SEC.10.