30th Mar 2017
This is probably the final blog post in this series on Special Administrators. Using the example of Aubrey McClendon’s estate as a popular example, the series first looked at the basic role and function of a Special Administrator. The series then focused on one of the most interesting parts of a Special Administrator: they can be, and often are, appointed by a Court without notice to the interested parties in the estate. However, there are several safeguards against bad actions by Special Administrators, which were the focus of the next few posts, including: the requirement for an accounting, the preference for appointment, bonds, and limited powers.
This final blog could be seen as an additional final safeguard. Or it could be looked at as the end point of an overall discussion on the nature of a Special Administrator.
The main point of this blog post is: Special Administrators are temporary.
At some point in the estate, usually not long after the Special Administrator is appointed, a Court will appoint a permanent Personal Representative (under a will) or Administrator (under statute if no will). Before the Court appoints that person, the heirs, devisees, and legatees will all receive notice of that hearing under Okla. Stat. tit. 58 § 25 or Okla. Stat. tit. 58 § 128 and have an opportunity to be heard and object if necessary. Often, the same person appointed Special Administrator is eventually appointed Personal Representative or Administrator, as discussed in more detail in Part 6 of this series.
The Personal Representative or Administrator will have broader powers to administer and complete the estate. Even then, a number of similar safeguards exist, such as a required accounting unless waived by all the heirs, devisees, and legatees.
So, a Special Administrator is often appointed instantly; however, it is a temporary appointment. A Court usually appoints a permanent Personal Representative or Administrator a short time later, after notice to all the parties involved in the estate.
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.