COMPENSATION

Unless otherwise agreed between the special administrator and heirs or beneficiaries of an estate, the court shall set the compensation of a special administrator in the manner set forth under HRS § 560:3-719. The fees and costs of any petition to approve the special administrator's fees shall be borne by the estate unless otherwise ordered by the court. COMMENTARY: Where the special administration is instituted just to get a head start on the probate proceedings and the fiduciaries are the same, often there is no need for additional or separate compensation for the special administrator. Where a will contest or other contested matter causes a special administrator to be appointed to administer the estate, and a personal representative is later appointed, the fees should normally be allocated between the special administrator and the personal representative based on the relative work done for the estate. (Amended November 12, 1997, effective December 15, 1997; further amended June 15, 2010, effective July 1, 2010.) IV. INVENTORIES