2. A special Administrator has
been defined as the
representative of decedent
appointed by the probate court
to care for and preserve his
estate until an executor or
general administrator is
appointed.
3. What is the purpose of such
appointment?
Answer: The principal object of
appointment is to preserve the
estate until it can pass into the
hands of person fully authorized to
administer it for benefit of creditors
and heirs
4. When is the appointment of special
administrator necessary?
Answer: the appointment is
justified when there is delay in
granting letters of testamentary of
administration occasioned by an
appeal from the allowance or
disallowance of a will
5. Is the appointment of special
administrator mandatory? Does it
adhere to the priority of preference?
Answer: No, the appointment lies
in the sound discretion of the court.
Likewise, the appointment of special
administrator does not adhere to the
priority of preference certain
persons as administrator.
6. It needs to be emphasized that the
appointment of a special
administrator is temporary and
subsists only until a regular
administrator is appointed, the
appointing court does not determine
who are entitled to share in the
estate, but who is entitled to the
administration.
7. As officers of the court they are subject to
the supervision of and control of the Probate
court
take possession and charge of the goods,
chattels, rights, credits, and estate of the
deceased and preserve the same for the executor
or administrator
Commence and maintain suits as administrator
Sell only perishable goods and other property
upon order of the court
By virtue of a court order, pay any debt of the
deceased
8. Upon issuance of letters of
testamentary or of administration
are granted on the estate of the
deceased the powers of the
special administrator shall cease
9. What would be the effect of the
transfer of power of special
administrator to the appointed
executor or administrator?
Answer: the appointed executor or
administrator may prosecute to final
judgment the suit commenced by
such special administration.
10. No appeal lies from the
appointment of a special
administrator. The order of
appointment is an interlocutory
order.
11. Facts: Dolores Vitug died leaving two
wills which excluded her husband Romarico
Vitug, respondent in this case, as heir, and
dividing her estate to her sisters and nieces
in which among them is the petitioner
Rowena Corona, and appointing the latter as
executrix.
Upon motion of Rowena, the probate court
appointed Nenita P. Alonte as Administratrix.
12. The probate court, however, set aside its
decision appointed Romarico as Special
Administrator, for the reason that the surviving
spouse is first in the order of preference as
administrator as he has an interest in the estate;
that the disinheritance of the surviving spouse is
not among the grounds of disqualification for
appointment as administrator.
The motion for reconsideration was denied by
the probate court. On appeal, the Court of
Appeals sustained the decision of the probate
court.
13. Held: The executrix’s choice of Special
Administrator, considering her own inability
to serve and the wide latitude of discretion
given her by the testatrix in her will, is
entitled to the highest consideration.
Objections to Nenita’s appointment on
grounds of impracticality and lack of kinship
are overshadowed by the fact that justice
and equity demand that the side of the
deceased wife and the faction of the
surviving husband be represented in the
management of the decedent’s estate.
