In situations where letters of administration or letters testamentary are taking a long time to obtain, or if there are disputes over appointing a personal representative, a temporary administration order may be necessary. A temporary administration order is only valid for 180 days and serves to preserve probate property until a more permanent solution is found.
The order will specify the person who is to serve as a temporary administrator and the powers they will possess. The court may appoint any person they find suitable and qualified and, as no preset powers are granted, may give them the ability to sue, operate a business, or take possession of the property.
Can a Temporary Administration Appointment Be Made Permanent?
A temporary administration appointment can be made permanent by the court. If at the end of the 180-day limit that comes with such an order, the court deems that it is in the estate’s interest to have a permanent appointment, they may make it so with a written order. While it is not always guaranteed that the person who was the temporary administrator will become the permanent one if it is decided that is needed, as long as they successfully carried out their duties, they will likely be the person chosen.
Can the Appointment of a Temporary Administrator Be Contested?
A temporary administrator appointment can be contested as long as the heir or other interested party requests a hearing to contest it no later than 15 days after the date the letter was initially issued. Once the request has been made, a hearing must occur, and a determination is made within ten days of that request.
Even when an appointment is contested, the person appointed temporary administrator must continue to act as administrator and carry out any duties required by the appointment through the hearing process until they are removed, if indeed that is the end result.
If the court decides to set aside the temporary administrator’s appointment, that person may be required to file, under oath, a complete exhibit of the estate’s condition and detail any changes they made as the administrator.
What Can I Do if I Need Help in an Administration Matter?
The probate process can be a daunting experience. Within that, dealing with administration comes with its own set of challenges. Whether you want to contest an appointment or make your temporary position permanent, there are specific rules and regulations you must follow. While, with great attention to detail and careful study, you may feel able to do it independently, your best bet is to let an attorney guide you. This way, you are free to focus on other things and will avoid any pitfalls that can come with inexperience in the probate field.
For the probate answers and legal help you need, call a knowledgeable Texas attorney now at 281-771-0560.