§ 1162. When letters of administration may be granted

Letters of administration may be granted by the court at any time appointed for the hearing of the application, or at any time to which the hearing is continued or postponed.

§ 1163. Setting petition for hearing; notice

When a petition praying for letters of administration is filed, the clerk of the court shall set the petition for hearing by the court, and, at least 10 days before the hearing, give notice thereof by causing a notice to be posted at the courthouse, giving the name of the decedent, the name of the applicant, and the time at which the application will be heard. The clerk shall cause similar notice to be mailed to the heirs of the decedent named in the petition, at least 10 days before the hearing, addressed to them at their respective post-office addresses, as set forth in the petition, otherwise at the place where the proceedings are pending.

§ 1164. Contesting application

A person interested may contest a petition for letters of administration by filing written grounds of opposition thereto, challenging the competency of the applicant, or may assert his own right to letters. In the latter case he shall file a petition and give the notice required for an original petition, and the court shall hear the two petitions together.

§ 1165. Hearing on petition; order

On the hearing of a petition or contest pursuant to this subchapter, upon proof that notice has been given as herein required, the court shall hear the allegations and proofs of the parties, and order the issuing of letters of administration to the party best entitled thereto. § 1166. Evidence of notice

An entry in the records of the court, that the required proof was made and notice given, is evidence of the fact of the notice.

§ 1167. Facts to be proved; witnesses

Before letters of administration are granted on the estate of a person who is represented to have died intestate, the fact of his dying intestate shall be proved by the testimony of the applicant or others. The court may also examine any other person concerning the time, place, and manner of his death, the place of his residence at the time, the value and character of his property, and whether or not the decedent left a will, and may compel any person to attend as a witness for that purpose.

Subchapter IV-Special Administrators

§ 1201. Appointment of special administrator; grounds; public administrator

When:

(1) there is delay in granting letters testamentary or of administration; or

(2) letters are granted irregularly; or

(3) a sufficient bond is not filed as required; or

(4) an application is not made for letters; or

(5) an executor or administrator dies, or is suspended or removed

the court, if the circumstances of the estate of the decedent require the immediate appointment of a personal representative, shall appoint a special administrator to take charge of the estate in whatever division it may be found, and to exercise such powers as may be necessary for the preservation of the estate; or the court may direct the public administrator to take charge of the estate.

§ 1202. Same; notice; preference

The appointment of a special administrator under this subchapter may be made at any time upon such notice to such of the persons interested in the estate as the court deems reasonable. In making the appointment, the court shall give preference to the person entitled to letters testamentary or of administration.

§ 1203. Bond; oath; letters

A special administrator, other than the public administrator, shall give bond in such sum as the court directs, with sureties to the satisfaction of the court, conditioned for the faithful performance of his duties; and he shall take the usual oath, and have the oath indorsed on his letters. Thereupon, the clerk shall issue special letters of administration to him.

§ 1204. Powers and duties of special administrator

(a) A special administrator shall:

(1) collect and preserve for the executor or administrator all the goods, chattels, debts, and effects of the decedent, and all incomes, rents, issues, profits, claims, and demands of the estate; and

(2) take charge and the management of, enter upon, and preserve the real estate from damage, waste, and injury.

(b) For the purposes of carrying out subsection (a) of this section, and for all necessary purposes, a special administrator may:

(1) commence and maintain or defend suits and other legal proceedings as an administrator;

(2) sell such perishable property as the court orders to be sold; and

(3) exercise such other powers as are conferred upon him by his appointment—

but, except when a special administrator is appointed with the powers, duties, and obligations of a general administrator, as hereinafter provided, he is not liable to an action by a creditor on a claim against the decedent.

§ 1205. Powers and duties when appointed pending will contest or other proceedings

A special administrator appointed pending determination of a contest of a will instituted prior to the probate thereof, or pending an appeal from an order appointing, suspending, or removing an executor or administrator, has the same powers, duties, and obligations as a general administrator, and the letters of administration issued to him shall recite that he is appointed with the powers of a general administrator.

§ 1206. Payment of secured charges on property

If it appears by the verified petition of a special administrator, or other person interested in an estate in the charge of a special administrator, that any of the property of the estate is subject to a mortgage, lien, or deed of trust, to secure the payment of money, and that any amount so secured, either principal or interest, is past due and unpaid; that the holder of the security threatens or is about to enforce or foreclose it and that the property exceeds in value the amount of the entire obligation thereon, and an order is asked directly or permitting the special administrator to pay all or any part of the amount so secured, the court shall fix a time for the hearing of the petition and shall direct notice of not less than 10 days to be given by posting in three public places and by personal service on all parties who have appeared or their attorneys. At the time so appointed, if the allegations of the petition are proved to the satisfaction of the court and it appears to

be for the best interests of the estate, the court may order the special administrator to pay interest or other portions or the whole of the secured debt, and may direct the special administrator to take proceedings to secure funds for the purpose. The order for payment of interest may also direct that interest not yet accrued be paid as it becomes due, and the order shall remain in effect and cover such future interest until and unless thereafter for good cause it is set aside or modified by the court upon petition and notice similar to that hereinabove provided.

§ 1207. Effect of grant of letters testamentary or of administration

When letters testamentary or of administration on the estate of a decedent are granted, the powers of a special administrator appointed pursuant to this subchapter cease. The special administrator shall forthwith deliver to the executor or administrator all the property and effects of the decedent in his hands; and the executor or administrator may prosecute to final judgment any suit commenced by the special administrator.

§ 1208. Verified account; commissions and allowances; attorneys' fees

The special administrator shall render a verified account of his proceedings in like manner as other administrators. His commissions and the fees of his attorney shall be fixed by the court; but the total commissions paid and extra allowances made to the special administrator and executor, or to the special administrator and general administrator of an estate, may not, together, exceed the sums provided for in this title as commissions and extra allowances for the services of executors or administrators; and the total fees paid to the attorneys both of the special administrator and executor, or of the special administrator and general administrator, may not, together, exceed the sums provided by this title as compensation for the ordinary and extraordinary services of attorneys for executors or administrators. § 1209. Division of commissions and allowances, and of attorneys' fees

When the same person does not act as both special administrator and executor, or as both special administrator and general administrator, the commissions and allowances referred to in section 1208 of this title shall be divided between the special administrator and the executor, or between the special administrator and the general administrator, in such proportion as the court deems just and reasonable; and when the same attorney does not act for both the special administrator and the executor, or for the special administrator and the general administrator, the fees referred to in section 1208 of this title shall be divided between the attorneys in such proportion as the court deems just and reasonable.

§ 1210. Attorney's fees for extraordinary services

At any time after six months from the issuance of special letters of administration, or upon the earlier settlement of the final account of the special administrator, and upon such notice to the special administrator and to the persons interested in the estate as the court requires, an attorney who has rendered extraordinary services to the special administrator may apply to the court for compensation for the extraordinary services; and on the hearing the court shall make an order requiring the special administrator to pay the attorney out of the estate such compensation as the court deems proper, and the payment shall be made forthwith.

Subchapter V-Form of Letters

§ 1231. Signature of clerk; seal of court

Letters testamentary, or of administration with the will annexed, or of administration, or of special administration, shall be signed by the clerk of the court, under the seal of the court.

§ 1232. Form of letters testamentary Letters testamentary shall be substantially in the following form: division

Canal Zone,

The last will of A. B., deceased, a copy of which is hereto annexed, having been proved and recorded in the division of the district court, C. D., who is named therein as such, is hereby appointed executor.

Witness, G. H., clerk of the district court, with the seal of the court affixed the

[SEAL]

day of

By order of the court:

A.D. 19—

G. H., Clerk.

§ 1233. Form of letters of administration with the will annexed Letters of administration, with the will annexed, shall be substantially in the following form:

Canal Zone,

division

The last will of A. B., deceased, a copy of which is hereto annexed, having been proved and recorded in the division of the district court, and there being no executor named in the will (or as the case may be), C. D. is hereby appointed administrator with the will annexed.

Witness, G. H., clerk of the district court, with the seal of the court affixed, the day of - A.D. 19-.

9

G. H., Clerk.

§ 1234. Form of letters of administration, or of special admin

istration

Letters of administration, or of special administration, shall be substantially in the following form:

Canal Zone,

division

C. D. is hereby appointed administrator (or special administrator) of the estate of A. B., deceased.

Witness, G. H., clerk of the district court, with the seal thereof affixed, the

[SEAL]

day of

By order of the court:

A.D. 19-.

G. II., Clerk.

Subchapter VI-Revocation of Letters

§ 1251. Revocation of letters of administration; petition When letters of administration have been granted to a person other than the surviving spouse, child, grandchild, parent, brother, or sister of the intestate, any one of them who is competent and had a prior right to letters, or any competent person at the written request of any one of them who is competent and had such a prior right, may obtain the revocation of the letters, and be entitled to the administration, by presenting to the court a petition praying the revocation, and that letters of administration be issued to him.

§ 1252. Notice; citation; hearing; order

When a petition is filed pursuant to section 1251 of this title, the clerk shall give notice as in the case of an original application, and shall issue a citation to the administrator to appear and answer the petition at the time appointed for the hearing. At the time appointed, upon proof that the citation has been duly served and notice given as required in this section, the court shall hear the allegations and proofs of the parties. If the right of the applicant is established, and he is competent, letters of administration shall be granted to him and the letters of the former administrator revoked.

§ 1253. Assertion of prior right by surviving spouse or certain relatives

The surviving spouse, when letters of administration have been granted to a child, grandchild, parent, brother, or sister of the intestate; or any of such relatives, when letters have been granted to another of them, may assert his prior right, and obtain letters of administration, and have the letters before granted revoked in the manner prescribed by section 1251 and 1252 of this title.

§ 1254. Court's discretion to refuse letters

The court may refuse to grant letters of administration, as provided by this subchapter, to a person or to the nominee of a person who had actual notice of the first application and an opportunity to contest it.

Subchapter VII-Death, Disability and Substitution

§ 1271. Revocation of letters upon subsequent probate; accounting; powers of new appointee

Upon the admission to probate of a will after a grant of letters of administration on the ground of intestacy, or upon the admission to probate of a later will than the one before admitted to probate, the pre-existing grant of letters testamentary or of administration shall be revoked, and the administrator or executor whose grant of authority is thus terminated shall render an account of his administration within such time as the court directs. The newly appointed executor or administrator with the will annexed may demand, sue for, recover, and collect all the property of the decedent remaining unadministered, and may prosecute to final judgment any suit commenced by the previous administrator before the revocation of his letters of administration.

§ 1272. Death or disqualification of one of several executors or administrators

If one of several executors or administrators, to whom letters are granted, dies, becomes mentally incompetent, is convicted of an infamous crime, or otherwise becomes incapable of executing the trust; or if the letters testamentary or of administration are revoked or annulled, with respect to any one executor or administrator, the remaining executor or administrator shall proceed to complete the execution of the will or administration.

§ 1273. Death or disqualification of all executors or administrators; bond of new appointees

If all the executors or administrators of an estate die or become incapable, or the power and authority of all of them is revoked, the court shall issue letters of administration, with the will annexed or otherwise, to the person or persons next entitled thereto, in the same order and manner as is directed in relation to original letters of administration. The administrators so appointed shall give bond in the like penalty, with like sureties and conditions, as required of administrators, and shall have the like power and authority.