Nebraska Probate Form 240 - Petition For Appointment Of Special Administrator In Formal Proceedings: NSBA Probate Commentary

FULL NAME OF FORM: Petition For Appointment Of Special Administrator In Formal Proceedings: NSBA Probate Commentary

WHEN TO USE THE FORM: Use this form when there is a delay in the appointment of a general Personal Representative or when a Special Administrator should be appointed to act in situations in which the previously appointed Personal Representative cannot or should not act, e.g., a conflict of interest.

COMMENTS: When there is a formal appointment, the Court may limit the duties and responsibilities of the Special Administrator. The Registrar has no such authority and the informally appointed Special Administrator has the duty to collect, manage and preserve all assets of the estate.

The selection of a Special Administrator is not subject to the priorities in Nebraska Probate Code § 30-2412, but if there is a pending application or petition to probate a will, the person named in the Will shall be appointed if available and qualified. Nebraska Probate Code § 30-2458.

Pursuant to Nebraska Probate Code § 30-2460, a Special Administrator appointed by Order of the Court in any formal proceeding has the power of a Personal Representative except as limited in the appointment and such duties as are prescribed in the Order. The appointment may be for a specified time, to perform particular acts, or on other terms as the Court may direct.

If limitations in the powers and duties or in the time of appointment are intended, a specific request should be stated in paragraph 8 and in the prayer of the petition.