Legal Memorandum: Appointment of a Special Administrator in MN

Issue: What is the procedure in Minnesota for appointment of a Special Administrator to accept a health care facility’s service and maintain a claim against a county on a decedent’s behalf?

Minn. Stat. § 524.3-614 provides a bare bones guide to the procedure for appointing a special administrator.  Unfortunately, there are relatively few Minnesota cases fleshing out the statute.  The statute provides:

A special administrator may be appointed:

(1) informally by the registrar on the application of any interested person when necessary to protect the estate of a decedent prior to the appointment of a general personal representative or if a prior appointment has been terminated as provided in section 524.3-609;

(2) in a formal proceeding by order of the court on the petition of any interested person and finding, after notice and hearing, that appointment is necessary to preserve the estate or to secure its proper administration including its administration in circumstances where a general personal representative cannot or should not act.  If it appears to the court that an emergency exists, appointment may be ordered without notice.