Chapter 11.32 RCW
SPECIAL ADMINISTRATORS
Sections
HTMLPDF | 11.32.010 | Appointment. |
HTMLPDF | 11.32.020 | Bond. |
HTMLPDF | 11.32.030 | Powers and duties. |
HTMLPDF | 11.32.040 | Succession by personal representative. |
HTMLPDF | 11.32.050 | Not liable to creditors. |
HTMLPDF | 11.32.060 | To render account. |
Appointment.
When, by reason of an action concerning the proof of a will, or from any other cause, there shall be a delay in granting letters testamentary or of administration, the judge may, in his or her discretion, appoint a special administrator (other than one of the parties) to collect and preserve the effects of the deceased; and in case of an appeal from the decree appointing such special administrator, he or she shall, nevertheless, proceed in the execution of his or her trust until he or she shall be otherwise ordered by the appellate court.
[ 2010 c 8 s 2025; 1965 c 145 s 11.32.010. Prior: 1917 c 156 s 81; RRS s 1451; prior: 1891 p 384 s 19; Code 1881 s 1419; 1863 p 222 s 137; 1860 p 184 s 104.]
Bond.
Every such administrator shall, before entering on the duties of his or her trust, give bond, with sufficient surety or sureties, in such sum as the judge shall order, payable to the state of Washington, with conditions as required of an executor or in other cases of administration: PROVIDED, That in all cases where a bank or trust company authorized to act as administrator is appointed special administrator or acts as special administrator under an appointment as such heretofore made, no bond shall be required.
[ 2010 c 8 s 2026; 1965 c 145 s 11.32.020. Prior: 1963 c 46 s 2; 1917 c 156 s 82; RRS s 1452; prior: Code 1881 s 1420; 1863 pp 220, 222 ss 126, 138; 1860 pp 183, 184 ss 93, 105.]
NOTES:
Bond of personal representative: RCW 11.28.185.
Powers and duties.
Such special administrator shall collect all the goods, chattels, money, effects, and debts of the deceased, and preserve the same for the personal representative who shall thereafter be appointed; and for that purpose may commence and maintain suits as an administrator, and may also sell such perishable and other goods as the court shall order sold, and make family allowances under the order of the court. The appointment may be for a specified time, to perform duties respecting specific property, or to perform particular acts, as stated in the order of appointment. Such special administrator shall be allowed such compensation for his or her services as the said court shall deem reasonable, together with reasonable fees for his or her attorney.
[ 2010 c 8 s 2027; 1965 c 145 s 11.32.030. Prior: 1917 c 156 s 83; RRS s 1453; prior: Code 1881 s 1421; 1863 p 222 s 139; 1860 p 185 s 106.]
Succession by personal representative.
Upon granting letters testamentary or of administration the power of the special administrator shall cease, and he or she shall forthwith deliver to the personal representative all the goods, chattels, money, effects, and debts of the deceased in his or her hands, and the personal representative may be admitted to prosecute any suit commenced by the special administrator, in like manner as an administrator de bonis non is authorized to prosecute a suit commenced by a former personal representative. The estate shall be liable for obligations incurred by the special administrator pursuant to the order of appointment or approved by the court.
[ 2010 c 8 s 2028; 1965 c 145 s 11.32.040. Prior: 1917 c 156 s 84; RRS s 1454; prior: Code 1881 s 1422; 1863 p 233 s 140; 1860 p 185 s 107.]
Not liable to creditors.
Such special administrator shall not be liable to an action by any creditor of the deceased, and the time for limitation of all suits against the estate shall begin to run from the time of granting letters testamentary or of administration in the usual form, in like manner as if such special administration had not been granted.
[ 1965 c 145 s 11.32.050. Prior: 1917 c 156 s 85; RRS s 1455; prior: Code 1881 s 1423; 1863 p 223 s 141; 1860 p 185 s 108.]
To render account.
The special administrator shall also render an account, under oath, of his or her proceedings, in like manner as other administrators are required to do.
[ 2010 c 8 s 2029; 1965 c 145 s 11.32.060. Prior: 1917 c 156 s 86; RRS s 1456; prior: Code 1881 s 1424; 1863 p 223 s 142; 1860 p 185 s 109.]
NOTES:
Settlement of estates: Chapter 11.76 RCW.