5th Dec 2016
As discussed in the last couple of posts, because a Court often appoints a Special Administrator instantly, without notice to or input from those interested in the estate, the law provides several safeguards to protect the parties involved and balance with the need to move quickly. The last post looked at the requirement for the Special Administrator to give an accounting.
A second safeguard is: the preference for appointment of Special Administrators. Okla. Stat. tit. 58 § 213 states that a Court must give preference to those entitled to Letters Testamentary or Letters of Administration in the matter.
What this means practically is that almost always the Special Administrator is the person named in the Will of the decedent to serve as Personal Representative (and receive Letters Testamentary) or who the law of Oklahoma gives priority to serve as Administrator if the decedent had no will (and receive Letters of Administration).
So, a Special Administrator is often appointed instantly; however, not just anyone can apply and receive preference from the Court. It is almost always the person who will be appointed Personal Representative or Administrator later, after full notice and a proper hearing.
If our office may be of assistance to you in these areas, do not hesitate to contact us at (580) 338-6503 or at firstname.lastname@example.org or using any of our contact information in the profile. You can also visit www.fieldandhicks.com for more information.
This blog contains general information and the opinions of the author – not legal advice; you should seek the advice of competent counsel (attorney/lawyer) when considering any legal issues.