6.1 The Statute:
“ § 6-401. Appointment; qualifications
(a) When appointed. — Upon the filing of a petition by an interested party, a creditor, or the register, or upon the motion of the court, a special administrator may be appointed by the court whenever it is necessary to protect property prior to the appointment and qualification of a personal representative or upon the termination of appointment of a personal representative and prior to the appointment of a successor personal representative.
(b) Qualifications. — A suitable person may be appointed as a special administrator, but special consideration shall be given to persons who will or may be ultimately entitled to letters as personal representatives and are immediately available for appointment.”
” § 6-403. Powers and duties
A special administrator shall collect, manage, and preserve property and account to the personal representative upon his appointment. A special administrator shall assume all duties unperformed by a personal representative imposed under Title 7, Subtitles 2, 3, and 5 of this article, and has all powers necessary to collect, manage, and preserve property. In addition, a special administrator has the other powers designated from time to time by court order.”
6.2 Special Administrator – in general.
Basically, a special administrator is used “to protect the property” until other issues can be resolved. Thus, the special administrator’s powers do not include distributions unless specifically authorized by a court order.
