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Special Administrator

A court may appoint a special administrator to temporarily manage an estate when there is a delay in appointing a regular administrator, such as due to an appeal. A special administrator's powers cease once a regular administrator is appointed. Their powers include preserving estate assets, commencing lawsuits, selling perishable assets with court approval, and paying debts with court approval. As a rule, only one special administrator is appointed per estate, but the court has discretion to appoint two to represent different factions if needed. The appointment and removal of a special administrator is at the court's discretion and not appealable.

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303 views

Special Administrator

A court may appoint a special administrator to temporarily manage an estate when there is a delay in appointing a regular administrator, such as due to an appeal. A special administrator's powers cease once a regular administrator is appointed. Their powers include preserving estate assets, commencing lawsuits, selling perishable assets with court approval, and paying debts with court approval. As a rule, only one special administrator is appointed per estate, but the court has discretion to appoint two to represent different factions if needed. The appointment and removal of a special administrator is at the court's discretion and not appealable.

Uploaded by

florenceheart
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Special Administrator

When may the court appoint a Special Administrator?


When 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 or administrators appointed.
A special administrator may also be appointed if the executor or
administrator is a claimant against the estate he represents.
What is the effect of the appointment of a special administrator?
It means or implies a denial of the power to appoint a regular administrator
during the pendency of the appeal. (De La Cavada vs. Butte, 100 Phil. 635)
State the powers and duties of a Special Administrator.
The are:
To take possession and charge of the goods, chattels, rights, credits,
and estates of the deceased and preserve the same for the executor or
administrator afterwards appointed;
To commence and maintain suits;
To sell such perishable or other property as the court orders sold; and
to pay such debts of the deceased only upon orders of the court. (Sec.
2)
In case of suits for payment of debts of the deceased, may the special administrator
be made a defendant?
Yes. In Liwanag va. Reyes, Sept. 29, 1964, the SC said that for purposes of
paying the debts of the decedent, the special administrator may be made a
defendant in a foreclosure suit.

When shall the power of a Special Administrator cease to operate?


The moment letters testamentary or administration are granted on the estate
of the deceased, the powers of a special administrator shall cease.

What shall be done by the Special Administrator after his powers shall have ceased?
o

He shall forthwith deliver to the executor or administrator the goods,


chattels, money, and estate of the deceased in his hands.

The executor or administrator may prosecute to final judgment suits


commenced by such special administrator. (Sec. 3)

What is the basis of the appointment and removal of a Special Administrator?


They are based on the sound discretion of the court and is not appealable.
( De Gala vs. Gonzales, 53 Phil. 104; Pijuan vs. Vda. De Gurrea, L-21917, Nov. 29,
1966)
Is it possible to appoint a Special Administrator for the conjugal estate and another
Special Administrator for the estate of the deceased spouse?
As a rule, no, because only one special administrator may be appointed to
administer an estate temporarily. ( Roxas vs. Pecson, 82 Phil. 407).
However, if there are two factions among the heirs and the court deems it
best to appoint more than one Special Administrator, justice and equity
demand that both factions be represented in the management of the estate
of the deceased.
But, even in such case, there is only one Special Administration, the powers
of which shall be exercised jointly by two Special Administrators. (Matias vs.
Gonzales, 101 Phil. 852)

May an executor be appointed Special Administrator during the pendency of the


appeal form the order admitting a will to probate?
Yes, because the appointment of a special administrator is based on the
sound discretion of the court. (Ozeata vs. Pecson, 93 Phil. 416)

Is it possible for a legatee to intervene in the appointment of an administrator?


Yes, because the legacy gives him sufficient personality to act in protection
of his rights granted by the will. (De La Cavada vs. Butte)

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