Two Paths to Appointment
There are two ways to appoint a special administrator. The right path depends on how urgent the situation is.
The first path is informal. Any interested person can apply to the registrar for appointment. The estate may need protection before a general representative starts, or a prior appointment may have ended.
A special administrator may be appointed: 1. Informally by the registrar on the application of any interested person when necessary to protect the estate of a decedent prior to the appointment of a general personal representative or if a prior appointment has been terminated as provided in section 14-3609.
A.R.S. § 14-3614(1)The second path is formal. Any interested person can file a petition with the court. The court schedules a hearing with notice to relevant parties.
The court must find that appointment is needed to preserve the estate. This means the court confirms proper management requires a special administrator.
Emergency Appointments
When time is critical, the court can skip the notice requirement. For example, it may appoint a special administrator right away to prevent loss to estate assets.
If it appears to the court that an emergency exists, appointment may be ordered without notice.
A.R.S. § 14-3614(2)This rule covers situations where estate property is at risk. A vacant property may need securing, or a business may need someone to authorize payroll.
A special administrator's role is typically limited to the specific tasks that prompted the appointment. The scope of their authority depends on the court's order or the registrar's statement.