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Ind. Code § 29-1-10-15

Special administrator; appointment; appeal of order

Known as the Probate Code

The act spans §§ 29-1-10-0.1 to 29-1-9-3 (324 sections).

Applied in 4 court decisions — leading case Inlow v. Henderson, Daily, Withrow & DeVoe (2003)

Most recently applied in Inlow v. Henderson, Daily, Withrow & DeVoe (April 2003)

Formerly: Acts 1953, c.112, s.1015

How often courts cite this section

19982000200320
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

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.

Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.