Section 3-614
A special personal representative may be appointed in a 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. A special personal representative shall continue to act during appeal of his appointment unless the court orders otherwise.
Comment
The appointment of a special personal representative must be handled by the Court. Appointment of a special personal representative would enable the estate to participate in a transaction which the general personal representative could not, or should not, handle because of conflict of interest. If a need arises because of temporary absence or anticipated incapacity for delegation of the authority of a personal representative, the problem may be handled without judicial intervention by use of the delegation powers granted to personal representatives by Section 3-715(21).
Massachusetts comment
This is akin to a special administrator appointed pursuant to G.L. c. 193, § 10. This and the provisions for informal probate eliminate the need for temporary executors and temporary administrators under G.L. c. 192, § 13 and c. 193, § 7A. See Section 3-402(b) for the necessity of filing a death certificate. Section 3-401 permits a request for appointment of a special personal representative at the initiation of formal proceedings.