Legal Definitions - temporary administration

Temporary administration refers to the court-ordered appointment of an individual or entity to manage the assets and affairs of a deceased person's estate for a limited period. This provisional arrangement is typically put in place when there is a delay in appointing a permanent administrator or executor, or when immediate action is required to protect the estate's assets. The temporary administrator's authority is restricted to specific tasks and a defined timeframe, ensuring the estate is preserved until a permanent representative can take over.

• Example 1: Estate Dispute Resolution

  After a wealthy individual passes away without a clear will, two adult children immediately begin disputing who should be appointed as the permanent administrator of the estate. To prevent the estate's assets from being neglected or mismanaged during the lengthy court proceedings to resolve the dispute, a court might appoint a neutral third party as a temporary administrator. This individual would have the authority to pay urgent bills, secure properties, and manage investments, ensuring the estate's value is maintained until the court decides on a permanent administrator.

• Example 2: Incapacitated Executor

  A will names a specific person as the executor, but shortly after the testator's death, the named executor suffers a severe illness and is temporarily incapacitated, unable to fulfill their duties. The estate includes a rapidly depreciating asset, such as a perishable inventory or a business requiring immediate oversight. To prevent significant financial loss, the court may appoint a temporary administrator to manage these urgent matters until the named executor recovers or a new permanent executor can be appointed.

• Example 3: Pre-Probate Asset Management

  A person dies, leaving behind a complex estate that includes several rental properties and a small business. While the will is being located and validated through the probate process, which can take several weeks or months, the rental income needs to be collected, tenants need to be managed, and the business operations must continue. A court might appoint a temporary administrator to oversee these ongoing responsibilities, ensuring the properties are maintained, the business remains operational, and income is collected, thereby preserving the estate's value until the permanent executor is officially appointed and can assume full control.