• reasons to get emergency letters of special administration

Get Emergency Letters of Special Administration in Probate

In a routine probate proceeding, the court will typically set the first probate hearing about six to eight weeks after the filing of the probate petition. This hearing is the first opportunity for the court to appoint an administrator for the estate. Sometimes, there may be special circumstances where an administrator needs to be appointed immediately.  In this case, it is possible to ask the court for emergency Letters of Special Administration in Probate. These emergency Letters will give an individual temporary but immediate authority to act on behalf of the probate estate, pending the regular hearing which is typically set for a later date. Read on to learn more details about how to get emergency Letters of Special Administration in probate.

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I used A People’s Choice for the preparation and filing of court documents in connection with probate for my sister’s estate.  I began the probate process in pro per without knowing of the services of A People’s Choice.  After many trips to the LA Court house and attempting to interpret the requirements for each filing, I heard of A People’s Choice.  Fantastic find!  I hired this firm after discovering the difficultly in processing the probate by myself.  Very knowledgeable with good technology to keep me informed along the process of their filing of numerous documents.  Their fees were significantly less than what I would have had to pay for an attorney yet their services were excellent and I could not see where an attorney would have been any better (or as good).I highly recommend this service.
Ron C.
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M. Rice
“I am writing to give A People’s Choice my utmost recommendation. I live in New England and found them on the web. After speaking with a staff member on the phone I had the confidence to give them my business. A People’s Choice handled my probate case with great professionalism and knowledge. My case turned out to be more complicated than originally believed and the staff walked me through each step. They always responded promptly to my email questions. In the end, their service was exactly what I hoped for; they saved me thousands of dollars and allowed me to do it from across the country. They were truly a pleasure to work with.”
K. Levenson
“A People Choice provided excellent support with the appropriate legal documents and filing process in a spousal property petition after my husband passed. Lawyers wanted to charge me a fortune. However, once I spoke with someone at A People’s Choice, they took on my case and guided me through every step. A People’s Choice has years of experience which gave me a sense of trust and confidence. I always got immediate feedback from every email request. If you have a need for probate help, I would highly recommend A People’s Choice.”
Sylvia A
“I had a great experience with my probate using A People’s Choice! The people that assisted me were so helpful.  I could not have done this probate by myself.  I was able to save over 10,000 in lawyer fees!  All my emails were always returned so quickly, and I am a very satisfied customer.  I would highly recommend A People’s Choice to all my friends and family!”
Joi C
“APC did a great job with my father’s probate case. I highly recommend them. Professional staff!!! Probably saved me about $10k.”
Eric N
“When my mother in-law passed away last year, we didn’t know what to do. We contacted A People’s Choice and from day one they were very helpful. They almost held our hand every step of the way, and if I had a question any time of the day or night someone got back to me within a few hours. I highly recommend A People’s Choice if you don’t know what to do and don’t want to pay the high price of a lawyer especially if you don’t have much money.”
Mikki C
“A People’s Choice helped us throughout our entire year-long probate making the process very easy and manageable while at the same time saving us thousands of dollars in lawyer’s fees. Not only were they extremely friendly and fast to respond to our questions but they made the process simple enough that we hardly ever had to contact the courthouse directly and we even had a hearing done without an appearance. Would highly recommend A People’s Choice to anyone!”
A. Vuckovich
“A People’s Choice is a very responsible and effective company, staff there is very nice and replied to all my questions by email quickly. With their help, I accomplished the probate in 8 months successfully and saved at least $10,000.00 in attorney fees, so I strongly recommend everybody to contract with A People’s Choice and let them to help you with your legal documents. You will be very satisfied with their work as I did!!!!”
C. Chiu
“A People’s Choice walked me through the entire probate process. They are so professional and helpful. Thank you to the staff for your guidance and patience to talk me through such difficult time. You made the process very smooth for me. I am so glad that I found you.” 
Sandie K.
“The staff at A People’s Choice made a scary Probate pretty much stress free. I would send an email with a question I had thought of over the weekend with the expectation that I would get an answer on Monday. Lo and behold, I often got an answer within minutes! We are very pleased and will be referring our friends/family to A People’s Choice!”
L. Garrett
“Thanks to A People’s Choice I was able to get through a probate matter very smoothly. I had not one issue with the Courts. They guided me through the whole probate until the very end. I live up north but that didn’t matter, A People’s Choice did an excellent job keeping me informed with everything that I needed to do. I saved THOUSANDS of dollars by going with A People’s Choice. You can’t go wrong, no matter what your needs are. I saved a lot of money by not having to pay out a percentage to any attorney. I want to thank the staff at A People’s Choice for the great help they give to everyone in their times of need. Like I was! Thank You.”
R. Leonard
“When my father passed away without a will, we needed help handling the transfer of his assets. Since there weren’t significant assets, I didn’t want to spend too much on the legal paperwork. A People’s Choice offered just the right service we needed. In particular, the staff was very responsive to our document filing needs, helping to turn around corrections almost immediately. They helped to ease a tough situation.”
Michael C.
“I used A People’s Choice for help with a probate matter. My grandfather died Christmas of 2016. He had a living trust, but no one was able to find it. We went to A People’s Choice and we were able to do a probate affidavit to get what was left of my grandfather’s estate. Took two days for the documents to be prepared and the bank accepted them without any questions. Sandy was the one who assisted us, and we really appreciate the help that was provided. A+ service.”
David R.
“A People’s Choice worked on my probate case for over 1 year. Their knowledge, dedication and commitment to clients is exceptional. They prepared all the required legal documents, and all the court filings. They used the e-filing system, which initially I was hesitant about, but I’m so glad they did. It really expedited the process. They always answered my emails in a very timely manner and was always professional. The probate process is long and sometimes seems overwhelming. It’s also very expensive, A People’s Choice saved me thousands of dollars over going to an Attorney. I would highly recommend A People’s Choice for your probate needs, it’s cost effective, and they handle the entire process from beginning to end. They do a great job!”
C.K..
“A People’s Choice was professional and courteous throughout a long probate process. Probate itself is a frustrating and expensive process; however, everyone I came in contact with at A People’s Choice was exceptionally helpful, patient, and professional. For those entering into the probate process I must warn you that it is difficult to understand but the staff at A People’s Choice makes it as tolerable you could wish for.  The people who work there were kind, efficient, and understanding.  As long as you email them your questions, they will get back to you and they will not make you feel like you are ignorant if you are unclear about any part of the process.”
Marcel B
“I needed help understanding and filling out legal documents, but I didn’t have enough money to pay for an attorney. I searched the internet for a short period of time looking for help and when I found A People’s Choice, I was relieved to know that I would get the exact service that I needed at an affordable price. The staff was very professional and helpful with my legal documents. They worked around my schedule and responded to my emails on a timely manner. They took care of all the paperwork and filing and kept me posted. I would highly recommend A People’s Choice for your legal documents as you will get outstanding service at an affordable price. “
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Get help with Letters of Special Administration in your California Probate!

  • or call 1-800-747-2780

Reasons to Request Letters of Special Administration

Many different situations could require a person to ask the court for emergency Letters of Special Administration. We should point out that the statute does not define what these particular situations are, and therefore, approving emergency Letters of special administration is always up to the discretion of the judge.  Examples of conditions where a judge might allow the appointment of a special administrator are:

  1. No one is available to pay the mortgage on real estate.
  2. Someone needs to step in to remove a tenant destroying decedent’s real property through eviction
  3. Decedent’s assets subject to probate require immediate action to avoid penalties or tax.
  4. Someone needs to claim decedent’s assets held as unclaimed property by state that are subject to immediate forfeiture
  5. There is a reverse mortgage on real property which is facing foreclosure.
  6. The decedent owns a large number of perishable goods that need to be sold immediately.
  7. The decedent was in the process of selling a house, and an administrator is needed to get the house out of escrow.
  8. A person needs to step in to protect a valuable asset from theft.
  9. A lawsuit needs to be filed for the estate before the statute of limitations expires.
  10. Someone is needed to run the decedent’s business.
  11. A family member who is in control of an asset is attempting to hide it.

Another instance when the court may approve emergency Letters of special administration and appoint a special administrator is when there is a will contest, and there will be a considerable delay before a permanent administrator can be approved.

To ask for emergency Letters of Special Administration and the court to appoint a special administrator, you need to file two separate probate petitions, the usual and customary Petition for Probate as well as the secondary Petition for Special Administration. Both Petitions will include, as part of each separate Petition, Petition for Probate (DE-111).

Letters of Special Administration Require an Urgent Situation

Included in the petition for Special Administration is an attachment that identifies, in detail, the facts and background of the emergency that is requiring the appointment of a special administrator. Remember, the “emergency” cannot be to simply to speed up the probate proceedings.  The Petition should be filed along with the Duties and Responsibilities of the Personal Representative (DE-147), the Confidential Supplement and all other attachments required. Upon receipt of both Petitions, the court will consider the urgency of the need for the special administrator. Since the judge’s decision is made solely from the content of the paperwork, it is critical that the documentation is proper and complete. If the judge feels the request is justified, the court will appoint a special administrator without a hearing.  The special administrator may be the person who petitioned the court, or it may be a public guardian or neutral fiduciary depending on the nature of the emergency.

Authority Granted with Letters of Special Administration

The court can grant emergency Letters of special administration in probate and include any powers that it believes are required under the circumstances to protect the estate.  Usually, this means that the special administrator will have limited powers, temporarily. Keep in mind, these limited powers will stay in effect until the court conducts the standard hearing on the second Petition. If the special administrator is needed to pay a mortgage, then the court might give them access to the decedent’s bank accounts and nothing else.  In some situations, the special administrator will have other general powers in their capacity. Remember, the appointment of the special administrator ends once the court appoints a permanent administrator. The court may, however, the special administrator to complete specific tasks.

Contact A People’s Choice for more information about appointing a special administrator. We have successfully helped many customers successfully get Letters of special administration while they are waiting to be appointed the estate’s Personal Representative. You don’t need to hire an attorney for We can help you prepare the documents required to get emergency Letters of special administration in probate and save you thousands of dollars. Call us today at 800-747-2780.

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By |2019-05-12T07:38:44-07:00May 10th, 2019|Probate|0 Comments

About the Author:

Sandra M. McCarthy, founder of A People’s Choice Inc., has worked exclusively in the legal field since 1976. She served as the 2004-2005 President of CALDA (California Association of Legal Document Assistants). She obtained a Paralegal Certificate from the University of California, Santa Barbara. During her career in the legal field, she has worked as a freelance paralegal, law office manager and paralegal studies teacher, and has co-authored numerous legal publications and written hundreds of self-help legal articles. As a registered Legal Document Assistant, Sandy is dedicated to providing affordable, low-cost, self-help document preparation services for California consumers in all 58 counties.

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