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RULE 80 Special Administrator

Persons who can administer the Estate


1. Executor The one named by the testator in his will for the administration of
his property after his death.
2. Administrator, regular or special (Rule 80) One appointed by the court in
accordance with the rules or governing statures to administer and settle the
intestate estate or such testate estate, where the testator did not name any
executor or that the executor so named refuses to accept the trust, or fails to
file a bond, or is otherwise incompetent.
3. Administrator with a will annexed (Rule 79, Sec 1) One appointed by the
court in cases, although there is a will, the will does not appoint any executor,
or if appointed, the said person is incapacitated or unwilling to serve as such.

Define Special Administrator


-

A special administrator is a representative of the decedent appointed by the


probate court to care for and preserve his estate until an executor or general
administrator is appointed.

What is the role of a Special Administrator?


-

A special administrator is an officer of the court who is subject to its


supervision and control, expected to work for the best interest of the entire
estate, with a view to its smooth administration and speedy settlement.
When appointed, he or she is not regarded as an agent or representative of
the parties suggesting the appointment.
The principal object of the appointment of a temporary administrator is to
preserve the estate until it can pass to the hands of a person fully authorized
to administer it for the benefit of creditors and heirs, (pursuant to Sec 2, Rule
80 of Rules of Court).

When can, the court appoint a special administrator?


-

When there is delay in granting letters testamentary or of administration


occasioned by an appeal from the allowance or disallowance of a will or some
other cause, the court may appoint the same.

A special administrator may be appointed by a court when


a.
b.
c.
d.

The executor cannot post a bond.


The executor fails to render an account.
Regular administrator has a claim against the estate he/she represents.
A motion for reconsideration is filed with respect to a decision dis allowing
probate of a will.

Regular Administrator VS Special Administrator


Regular Administrator

Special Administrator

Is appointed when a decedent died


intestate or did not appoint any
executor in his will or the will
subsequently disallowed
Is obliged to pay the debts of the estate
The appointment may be the subject of
appeal

Is appointed when when there is delay


in granting letters testamentary or of
administration
Not obliged to pay the debts of the
estate
The order of appointment of special
administrator is regarded as an
interlocutory order and may not be the
subject of appeal

Note:
An interlocutory order is one that does not dispose of the case completely
but leaves something to be decided upon.
An order granting or denying an application for preliminary injunction is
interlocutory in nature and, hence, not appealable. Instead, the proper remedy is to
file a Petition for Certiorari and/or Prohibition under Rule 65.

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