Section 3-615
Any suitable person may be appointed special personal representative.
Comment
The provisions of this Code concerning informal probate should reduce the number of cases in which a fiduciary will need to be appointed pending probate of a will. Nonetheless, there will be instances where contests begin before probate and where it may be necessary to appoint a special personal representative. The objective of this section is to reduce the likelihood that contestants will be encouraged to file contests as early as possible simply to gain some advantage via having a person who is sympathetic to their cause appointed special personal representative. Most will contests are not successful. Hence, it seems reasonable to prefer the named executor as special personal representative where he is otherwise qualified.
Massachusetts comment
But see Matter of Lovejoy, 26 Mass. App. Ct. 385 (1988) limiting Court's discretion where all interested parties agree on person to be appointed personal representative.