A special administrator may be appointed:
A. informally by the probate court 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 by death or disability as provided in Section 3-609 [45-3-609 NMSA 1978]; or
B. in a formal proceeding by order of the district court on the petition of any interested person and finding, after notice and hearing, that appointment is necessary to preserve the estate or to secure its proper administration including its administration in circumstances where a general personal representative cannot or should not act. If it appears to the district court that an emergency exists, appointment may be ordered without notice.
History: 1953 Comp., § 32A-3-614, enacted by Laws 1975, ch. 257, § 3-614.
Official comments. — See Commissioners on Uniform State Law official comment to 3-614 UPC.
Compiler's notes. — This section is similar to former 31-1-13, 1953 Comp.
Am. Jur. 2d, A.L.R. and C.J.S. references. — Authority of special or temporary administrator, or administrator pendente lite, to dispose of, distribute, lease or encumber property of estate, 148 A.L.R. 275.
34 C.J.S. Executors and Administrators §§ 1035, 1036.
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