Short answer. A special administrator takes possession of the estate's goods and preserves it for whoever is later appointed, and may sue or be sued as administrator. They may sell only perishables or property the court orders sold, and are not liable for the deceased's debts unless the court so orders.
What the law says
Such special administrator shall take possession and charge of the goods, chattels, rights, credits, and estate of the deceased and preserve the same for the executor or administrator afterwards appointed, and for that purpose may commence and maintain suits as administrator. He may sell only such perishable and other property as the court orders sold. A special administrator shall not be liable to pay any debts of the deceased unless so ordered by the court.
Rule 80, Section 2 — Powers and duties of special administrator. Read the full provision →
Possession and preservation, not full administration
A special administrator's job is to take possession and charge of the deceased's goods, chattels, rights, credits, and estate, and to preserve them for whoever is eventually appointed executor or administrator on a regular basis. It is a caretaking role meant to hold the estate together during the gap, and for that purpose the special administrator may commence and maintain suits as administrator.
Selling is the exception, not the rule
Unlike a regular administrator, a special administrator's authority to sell is deliberately narrow. Only perishable property and other property the court specifically orders sold may be sold, reflecting that the special administrator's role is preservation until a regular administrator takes over, not the broader estate management a regular administrator eventually exercises. A special administrator who sells estate property beyond what perishability or a court order justifies risks being held to account for exceeding the limited authority the appointment actually granted.
Debt liability requires a court order
The special administrator is not automatically liable to pay any of the deceased's debts. That liability arises only if the court specifically orders it, protecting the special administrator from being treated as personally on the hook for obligations that properly belong to the estate's regular administration once it is finally appointed. This default protection makes sense given how limited and temporary the special administrator's role is meant to be in the first place.
Why the role is deliberately limited
A special administration typically arises because there is a dispute over who should be the regular administrator, or because appointing one will take time the estate cannot afford to lose. Keeping the special administrator's powers narrow — preservation and only limited selling, with no automatic debt liability — prevents that temporary appointee from making decisions that properly belong to whoever the court ultimately settles on as the regular administrator.
Related provisions
- Rule 80, Section 2 — Powers and duties of special administrator
- Rule 80, Section 3 — When powers of special administrator cease; Transfer of effects; Pending suits