South Australian Numbered Acts South Australian Numbered Acts68—Special administration
(1) If at the expiration of 12 months from the death of a person—
(a) the executor to whom probate of the will of the deceased person has been granted; or
(b) the administrator to whom administration of the estate of the deceased person has been granted,
(the "original executor or administrator") is residing outside this State, the Court may grant a person special administration limited to the collection, management and distribution of the estate of the deceased person.
(2) A grant of special administration may only be made to—
(a) a person who was the spouse or domestic partner of the deceased; or
(b) a person who is the next of kin of the deceased; or
(c) a creditor of the deceased; or
(d) a person interested under the will; or
(e) the Public Trustee,
on application by that person.
(3) A person applying for a grant of special administration must, in addition to the oath usually taken by administrators—
(a) make oath that the original executor or administrator is resident outside this State; and
(b) if the applicant is not the Public Trustee—make oath that the person is, by reason that the original executor or administrator is outside the State, delayed in recovering or obtaining the payment of money or the possession of the estate to which the person is by law entitled.
(4) If the original executor or administrator returns to this State, the original executor or administrator may apply to the Court for an order revoking the grant of special administration.
(5) If the Court is satisfied that the original executor or administrator intends, in good faith, to remain within this State until the estate of the deceased has been duly administered, the Court may order the revocation of the grant of special administration on such terms and conditions as to security, costs or otherwise as seems reasonable to the Court.
(6) If the Court makes an order revoking a grant of special administration, the special administrator must duly account to the original executor or administrator and pay over and deliver all goods and money received by the special administrator, and transfer all lands vested in the special administrator, then remaining undisposed of.
(7) If the original executor or administrator returns to this State but fails to apply for an order revoking the grant of special administration, the original executor or administrator is, despite the grant of special administration remaining in effect, liable to answer and make good all claims and demands against the estate of the deceased to the extent of the assets that have come to the hands of the original executor or administrator, or that might have come to the hands of the original executor or administrator but for the wilful failure or default of the original executor or administrator.