2023 Indiana Code
Title 29. Probate
Article 1. Probate Code
Chapter 10. Personal Representatives
29-1-10-15. Special Administrator; Appointment; Appeal of Order

Sec. 15. (a) A special administrator may be appointed by the court if:

(1) from any cause, delay is necessarily occasioned in granting letters;

(2) before the expiration of the time allowed by law for issuing letters, any competent person shall file an affidavit with the clerk stating that anyone is intermeddling with the estate or that there is no one having authority to take care of the same;

(3) any person shall have died testate and objections to the probate of the person's will shall have been filed as provided by law;

(4) the court determines that the appointment is necessary under IC 29-1-13-16; or

(5) no personal representative has been appointed and the appointment is sought for the sole purpose of pursuing damages for a decedent's wrongful death after notice and hearing as provided in section 15.5 of this chapter.

(b) The appointment of a special administrator may be for a specified time to perform duties respecting specific property, or to perform particular acts as shall be stated in the order of appointment. The fact that a person has been designated as executor in a decedent's will shall not disqualify the person from being appointed special administrator of such decedent's estate or any portion thereof.

(c) The special administrator shall make such reports as the court shall direct, and shall account to the court upon the termination of the special administrator's authority. Otherwise, and except as the provisions of this article by terms apply to general personal representatives, and except as ordered by the court, the law and procedure relating to personal representatives in this article shall apply to special administrators. The order appointing a special administrator shall not be appealable.

Formerly: Acts 1953, c.112, s.1015. As amended by Acts 1982, P.L.171, SEC.30; P.L.162-2022, SEC.10.