Short answer. The special administrator's powers end the moment letters testamentary or of administration are granted. They must immediately turn over the estate's goods, money, and property to the new executor or administrator, who may then carry any suits the special administrator started to final judgment.
What the law says
When letters testamentary or of administration are granted on the estate of the deceased, the powers of the special administrator shall cease, and he shall forthwith deliver to the executor or administrator the goods, chattels, money, and estate of the deceased in his hands. The executor or administrator may prosecute to final judgment suits commenced by such special administrator.
Rule 80, Section 3 — When powers of special administrator cease; Transfer of effects; Pending suits. Read the full provision →
Regular appointment ends the special one
A special administrator's authority is inherently temporary and stopgap in nature. The moment letters testamentary or of administration are granted on the estate, the special administrator's powers cease automatically, without any need for a separate court order specifically revoking them or for the special administrator to formally resign or otherwise vacate the post they held. The appointment of a regular executor or administrator is itself what ends the special administration, marking the exact point at which the estate's ordinary, longer-term management formally begins in place of the temporary, preservative arrangement that came before it.
An immediate handover, not a gradual transition
Once that happens, the former special administrator must forthwith deliver to the new executor or administrator the goods, chattels, money, and estate of the deceased that were in their hands, transferring physical and legal custody without delay and without waiting for a separate turnover order, an inventory reconciliation, or any further instruction or approval from the court. The word 'forthwith' signals real urgency: the handover is expected to happen right away, immediately upon the new appointment being made, not on whatever schedule the outgoing special administrator happens to find personally convenient.
Pending suits carry over
Any suits the special administrator commenced do not have to be abandoned or refiled from scratch. The newly appointed executor or administrator may prosecute those same suits to final judgment, continuing the litigation the special administrator started rather than losing the ground and evidence already covered during the interim period of administration. This continuity spares the estate the expense and delay of starting over, and it protects claims that might otherwise be jeopardized or lost entirely by a gap in who has legal authority to pursue them on the estate's behalf. None of this excuses a special administrator who caused loss or damage to the estate during their own tenure from potential liability for that conduct; the automatic termination of authority upon a regular appointment ends the office going forward, but it does not retroactively erase accountability for how the special administrator managed the estate while they held it.
Related provisions
- Rule 80, Section 3 — When powers of special administrator cease; Transfer of effects; Pending suits
- Rule 80, Section 2 — Powers and duties of special administrator