Protecting Estate Assets After Death: The Role of a Special Administrator
Your loved one has passed away, and there is a life insurance policy, but the company won’t tell you if there’s a beneficiary designation? Your father did all his banking online, and you don’t have the password to determine how much is in the accounts and whether beneficiary designations were included? Shortly after your mother passed away, a “caregiver” is believed to be entering her home and removing jewelry.
In the first two instances, without additional information, it is unclear what type of probate proceeding is needed, if at all. In the last scenario, emergency action is needed to protect the estate. The appointment of a special administrator is the solution to address each of these problems.
Why Courts Appoint a Special Administrator to Find Estate Assets?
When someone passes away, one of the first questions is deceptively simple: what did they actually own? In many cases, the answer isn’t immediately clear. Bank accounts may be unknown, property records incomplete, or assets may even be at risk of disappearing. That’s where a special administrator comes in.
What Is a Special Administrator?
A special administrator is a temporary, court-appointed fiduciary whose role is limited and focused. Unlike a general personal representative, this person is typically appointed early in the process to take immediate action—often before a full probate is opened. Their primary job is to locate, identify, and protect assets that may belong to the estate.
The Urgency
Why Courts Act Quickly. Courts don’t appoint special administrators lightly—but they will act quickly when there is risk. Assets can disappear: Funds may be withdrawn, accounts closed, or property removed. Unauthorized individuals may step in, and without court authority, the wrong person may take control of the estate. In addition, information can vanish. Digital records, emails, or account access may be lost over time.
Special Administrators and Real Estate.
A vacant home can be an invitation to squatters. The appointment of a special administrator authorizes someone to take immediate action to secure the home and, when necessary, commence eviction proceedings. However, the problem may be that the mortgage hasn’t been paid for an extended period of time, and the estate is in jeopardy of having the property lost to foreclosure. The immediate appointment of a special administrator can be used to obtain a temporary restraining order and preliminary injunction to preserve the estate and stay the foreclosure proceedings.
What Happens Once Assets Are Identified?
At that point, a full probate can proceed if necessary. You may have confirmed that all of the bank accounts have beneficiary designations, and no probate is required! Alternatively, if the value of the assets is under a certain amount, Nevada’s small estate procedure may be appropriate.
The Bottom Line.
When there’s uncertainty about estate assets—and especially when there’s risk of loss—time matters. A special administrator provides a fast, court-supervised way to step in, gain control, and prevent problems before they become irreversible. If you’re dealing with a situation where assets may exist but can’t yet be confirmed, seeking appointment of a special administrator can be the difference between preserving an estate and losing it.
Drizin Law is providing this information for educational purposes only. It should not be construed as legal advice or a legal opinion as to any specific facts or circumstances. This information is based on general principles of Nevada law at the time it was created, and you should be aware laws frequently change. Moreover, the laws affecting you may differ depending on the circumstances. You should consult with a qualified attorney in your own state or jurisdiction concerning your particular situation. Review of this information does not create an attorney-client relationship.
Lee A. Drizin, Esq. is the founder of Drizin Law and has practiced in Las Vegas for over three decades. His work focuses on probate, estate planning, trusts, and guardianship, with particular experience handling contested probate and administration matters. A UNLV graduate with a Master of Laws in Taxation from Boston University, Lee has built his career helping Nevada families navigate some of the most difficult times in their lives.
