If circumstances require the appointment of a person or entity with authority to act on behalf of a Minnesota decedent’s estate before a General Personal Representative for the estate can be appointed by a Minnesota probate court, an interested person can seek to have a Minnesota Special Probate Administrator appointed by the probate court in a Minnesota Special Probate Administration.

Minnesota Special Probate Administration - Minnesota Special Probate Administrator

Minnesota Special Probate Administration –

Minnesota Special Probate Administrator

Minnesota Special Probate Administrator

Occasionally, the need will arise for the immediate appointment of a Minnesota Special Probate Administrator in a Minnesota Special Probate Administration to address urgent concerns, such as:

  • the care of animals,
  • the management of rental property,
  • the day-to-day requirements of an ongoing business, or
  • the existence of perishable business inventory items.

A Minnesota Special Probate Administrator in a Minnesota Special Probate Administration was appointed by the Probate Court in Carver County, Minnesota, with respect to the Estate of Prince Rogers Nelson, in part in order to properly care for the Paisley Park residence and recording studio before the appointment of a General Personal Representative for the estate could be obtained.

The Estate of Prince Rogers Nelson has to be the most complex single probate estate in Minnesota history – which could have been avoided if Prince Rogers Nelson had implemented an appropriate estate plan before death.

(i)      Minnesota Special Probate Administration – Formal Appointment

If the probate court finds that the appointment of a Minnesota Special Administrator is necessary in a Minnesota Special Administration in order to:

  • preserve the estate,
  • secure its proper administration, or
  • address those situations where a General Personal Representative cannot act, or should not act, because of a conflict of interest,

it may appoint a Minnesota Special Probate Administrator to serve for a limited period of time.

Any such appointment may be made by the probate court after:

  • notice to interested parties has been provided by the petitioner,
  • and a court hearing has been held.

A Minnesota Special Probate Administrator formally appointed by the probate court in a Minnesota Special Probate Administration has the powers of a General Personal Representative – except as otherwise limited by the court order appointing the Minnesota Special Probate Administrator.

The formal appointment of a Minnesota Special Probate Administrator by the probate court in a Minnesota Special Probate Administration may be either:

  • for a term of limited duration, or
  • for the limited purpose of performing particular acts on behalf of the estate.

(ii)     Minnesota Special Probate Administration – Emergency Appointment

In an emergency, some probate court judges may be willing to appoint a Minnesota Special Probate Administrator in a Minnesota Special Probate Administration without any notice requirements to interested persons, providing that a court hearing is held on the matter.

The temporary powers of a “special administrator” who is appointed formally by a judge are generally the same as those of a General Personal Representative – except to the extent restricted by the court.

(iii)    Minnesota Special Probate Administration – Informal Appointment

Minnesota statutes allow for the Informal Appointment of a Minnesota Special Probate Administrator in a Minnesota Special Probate Administration by the probate registrar:

  • without a hearing, and
  • without notice to interested persons,

when necessary to protect the estate of the decedent prior to the appointment of a General Personal Representative for the estate.

However, such informal appointments are rarely, if ever, made in Minnesota.

(iv)    Minnesota Special Probate Administration – Duties of the Minnesota Special Probate Administrator

If a Minnesota Special Probate Administrator in a Minnesota Special Probate Administration was either appointed informally by the probate registrar, or formally by a judge after a court hearing, the Minnesota Special Probate Administrator would have the power and the duty to:

  • perform a search for the existence of estate assets,
  • collect and manage any estate assets,
  • hold the estate assets until a General Personal Representative can be appointed by the court,
  • deliver the estate assets to the duly appointed General Personal Representative, and
  • provide a proper accounting to the General Personal Representative with respect to the estate assets.

(v)     Minnesota Special Probate Administration – Priority for Appointment

Normally, the person nominated as the Personal Representative in the decedent’s Will should be named as the Minnesota Special Probate Administrator in a Minnesota Special Probate Administration if such person is available, and qualified to serve.

However, in other cases, any proper person may be appointed by the probate court as the Minnesota Special Probate Administrator.

(vi)    Minnesota Special Probate Administration – Surety Bond

The posting of a surety bond may be required with respect to all Minnesota Special Probate Administrators in a Minnesota Special Probate Administration.

However, the petitioner for appointment as the Minnesota Special Probate Administrator in a Minnesota Special Probate Administration may request that a minimum surety bond be posted – if the extent of estate assets is unknown.

(vii)   Minnesota Special Probate Administration – Termination of Authority

The authority of a Minnesota Special Probate Administrator in a Minnesota Special Probate Administration will terminate upon the appointment of a General Personal Representative of the estate by the court.

(viii)  Death or Incapacity of a General Personal Representative

Upon:

the authority of the General Personal Representative’s appointment terminates.

(ix)    Minnesota Special Probate Representative

Until the appointment and qualification of a successor or special representative to replace the deceased or legally incapacitated General Personal Representative, the Personal Representative of the estate of the deceased or protected General Personal Representative:

  • has the duty to protect the estate possessed and being administered by the deceased or legally incapacitated General Personal Representative at the time the appointment terminates,
  • has the power to perform acts necessary for protection, and
  • shall account for and deliver the estate assets to a successor or special personal representative upon appointment and qualification.

Conclusion – Minnesota Special Probate Administration

If you have need of a Minnesota Special Probate Administrator in a Minnesota Special Probate Administration, contact attorney Gary C. Dahle, at 763-780-8390, or [email protected].

For Minnesota Cemetery law issues see http://dahlelawcemeteries.com/

For information on Minnesota Church Corporation law, see also Minnesota Church Law.

For information on Minnesota Transfer on Death Deeds, see also http://www.dahlelawminnesota.com/minnesota-transfer-death-deed/

For information on Minnesota Real Estate Law, see also http://www.dahlelawminnesota.com/minnesota-title-evidence-ownership/

For information on Minnesota Guardianships, see also http://dahlelawguardianships.com/

Gary C. Dahle is also licensed in North Dakota.

For information on North Dakota Probate law, see https://www.dahlelawnorthdakota.com/

For information on North Dakota Transfer on Death Deeds, see also http://northdakotatransferondeathdeeds.com/

Copyright 2022 – All Rights Reserved

Gary C. Dahle – Attorney at Law

2704 Mounds View Blvd., Mounds View, MN 55112

Phone:  763-780-8390     Fax: 763-780-1735

[email protected]

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Legal Disclaimer

Information provided herein is only for general informational and educational purposes. Minnesota probate law involves many complex legal issues. If you have a specific legal problem about which you are seeking advice,  consult with a Minnesota attorney of your choice.

Gary C. Dahle, Attorney at Law, is licensed to practice law only in the State of Minnesota, in the United States of America. Therefore, only those persons interested in matters governed by the laws of the State of Minnesota should consult with, or provide information to, Gary C. Dahle, Attorney at Law, or take note of information provided herein.

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Nothing herein will be deemed to be the practice of law or the provision of legal advice. Clients are accepted by Gary C. Dahle, Attorney at Law, only after preliminary personal communications with him, and subject to mutual agreement on terms of representation.

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Links to Minnesota Probate Records

Minnesota Department of Health – Death Records Index – 1997 to Present:  http://www.health.state.mn.us/divs/chs/osr/DecdIndex/dthSearch.cfm

Minnesota Historical Society – Death Records; 1904 – 2001: http://www.mnhs.org/people/deathrecords

Minnesota Department of Health – Birth Certificates – http://www.health.state.mn.us/divs/chs/osr/birth.html

Minnesota Historical Society – Birth Records: http://www.mnhs.org/people/birthrecords

Minnesota Marriage Records – https://moms.mn.gov/