The court shall appoint a
special administrator to collect and take charge of the estate of the
decedent, in whatever county or counties the estate may be found, and to
exercise such other powers as may be necessary to preserve the estate:
1. If there is a delay in granting letters testamentary or letters
of administration, from any cause.
2. If letters are granted irregularly.
3. If no sufficient bond is filed as required by the court.
4. If no petition is filed for letters.
5. If an executor or administrator dies or is suspended or
removed, and the circumstances of the estate require the immediate
appointment of a personal representative.
6. If there may be no assets subject to administration but good
cause exists for the appointment of a personal representative of the
decedent.
7. In any other proper case.
[82:107:1941; 1931 NCL § 9882.82]—(NRS A 1999, 2275 )
1. The appointment of a special administrator may be made at
chambers or in open court, and without notice or upon such notice to such
interested persons as the court deems reasonable, and must be made by
entry upon the minutes of the court or by written order signed and filed,
which must specify the powers to be exercised by the special
administrator.
2. Upon the filing of the order, and after the person appointed
has given bond if fixed by the court, the clerk shall issue special
letters of administration, with a copy of the order attached.
3. In making the appointment of a special administrator, the court
may give preference to the person or persons entitled to letters
testamentary or letters of administration, but no appeal may be taken
from the appointment.
[83:107:1941; 1931 NCL § 9882.83] + [84:107:1941; 1931 NCL §
9882.84]—(NRS A 1999, 2276 )
Before letters issue to a person as a
special administrator, the person must:
1. Give bond in such sum as the court directs, with sureties to
the satisfaction of the court, conditioned for the faithful performance
of the duties, unless the court waives bond; and
2. Take the usual oath of office.
[85:107:1941; 1931 NCL § 9882.85]—(NRS A 1999, 2276 )
1. A special administrator shall:
(a) Collect and preserve for the executor or administrator when
appointed all the goods, chattels and receivables of the decedent, and
all incomes, rents, issues, profits, claims and demands of the estate.
(b) Take charge and management of the real property and enter upon
and preserve it from damage, waste and injury.
2. A special administrator may:
(a) For all necessary purposes, commence, maintain or defend
actions and other legal proceedings as a personal representative.
(b) Without prior order of the court, sell any perishable property
of the estate, as provided in NRS 148.170 .
(c) Exercise such other powers as have been conferred by the order
of appointment.
(d) Obtain leave of the court to borrow money or to lease or
mortgage real property in the same manner as an executor or administrator.
3. A special administrator is not liable:
(a) To any creditor on any claim against the estate; or
(b) For any claim against the decedent except a claim involving
wrongful death, personal injury or property damage if the estate contains
no assets other than a policy of liability insurance.
[Part 86:107:1941; 1931 NCL § 9882.86]—(NRS A 1971, 647; 1983, 668;
1999, 2276 )
1. If any property in the control or possession of a special
administrator is subject to a mortgage or lien to secure the payment of
money, and there is danger that the holder of the security may enforce or
foreclose the encumbrance, and the value of the property exceeds the
amount of the obligation thereon, then, upon petition of the special
administrator or an interested person and upon such notice as the court
deems proper, the court may authorize or direct the special administrator
to make one or more payments on all or any part of the amount so secured.
2. The order may also direct that interest not yet accrued be paid
as it becomes due, and the order shall remain in effect and cover such
future interest unless and until for good cause set aside or modified by
the court upon petition and notice, in the same manner as an executor or
administrator.
[Part 86:107:1941; 1931 NCL § 9882.86]—(NRS A 1999, 2277 )
1. If a special administrator is appointed pending determination
of a contest of a will instituted before it is admitted to probate, or
pending an appeal from an order appointing, suspending or removing an
executor or administrator, the special administrator has the same powers,
duties and obligations as an executor or administrator, and the letters
of administration issued to him must recite that the special
administrator is appointed with those powers.
2. If a special administrator has been appointed, and thereafter a
proceeding to contest a will before it is admitted to probate has been
instituted, the court shall enter an order granting to the special
administrator the additional powers, duties and obligations of an
executor or administrator and requiring such additional bond as the court
deems proper. The order is not appealable.
[87:107:1941; 1931 NCL § 9882.87]—(NRS A 1999, 2277 )
If letters testamentary or letters of administration are
granted, the powers of a special administrator cease, and the special
administrator shall immediately deliver to the executor or administrator
all the property and effects of the decedent in the possession of the
special administrator and the executor or administrator may prosecute to
final judgment any action commenced by the special administrator.
[88:107:1941; 1931 NCL § 9882.88]—(NRS A 1999, 2277 )
A special
administrator shall also render an account, under oath, of the
proceedings in like manner as other administrators are required to do,
but if a person serving as special administrator is appointed the
succeeding administrator or the executor, the accounting otherwise due
from the special administrator may be included in the first accounting as
administrator or executor.
[89:107:1941; 1931 NCL § 9882.89]—(NRS A 1975, 1769; 1981, 520;
1999, 2277 )
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