← belizelaw.ai · Administration Of Estates, Cap. 197 · PART IV — Executors and Administrators

Grant of special administration where personal representative is abroad

Cap. 197, s. 21 · Revised Edition 2020

(1) If, at the expiration of twelve months from the death of a person, any personal representative of the deceased to whom a grant has been made is residing out of the jurisdiction of the court, the court may, on the application of any creditor or person interested in the estate of the deceased, grant to him in the prescribed form special administration of the estate of the (2) The court may, for the purpose of any legal proceedings to which the administrator under the special administration is a party, order the transfer into court of any money or securities 22 Administration of Estates Act belonging to the estate of the deceased person, and all persons shall obey any such order. (3) If the personal representative capable of acting as such returns to and resides within the jurisdiction of the court while any legal proceedings to which a special administrator is a party are pending, that personal representative shall be made a party to the legal proceedings, and the costs of and incidental to the special administration and the legal proceedings shall be paid by such person and out of such funds as the court in which the proceedings are pending may direct. (4) When an executor or administrator to whom probate or administration has been or may be granted departs from and remains absent from Belize for a period of one year, without having appointed an attorney to act for and represent him, the court may, on petition verified by affidavit proving to the satisfaction of the court that the interests of the parties concerned in the estate are, or will be, prejudiced by the absence of such executor or administrator, appoint a special administrator with the will annexed or an administrator de bonis non, as the case may be, who shall, during the absence of such executor or administrator, on giving sufficient security, have, possess and exercise all and singular the same power and authority as the executor or administrator so absent as aforesaid would have had if personally present.
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