§ 902. Procedure for appointment of temporary administrator

1. If a proceeding is pending for probate of a will or for letters of
administration, process shall issue to such persons and in such manner
as directed by the court.

2. If no proceeding is pending and the alleged delay is in a
proceeding for

(a) letters of administration on the estate of a decedent or a person
alleged to be deceased, process shall issue to the persons who would be
entitled to receive process on an application for such letters;

(b) probate of a will, process shall issue to the executor named in
the last will on file in the court of a decedent or a person alleged to
be deceased and to such beneficiaries named in such will and to such
other persons as directed by the court.

3. In the case of an absentee, process shall issue to the absentee and
to the persons who would be his or her distributees if he or she had
died on the date of filing the petition. Upon return of process the
court after hearing shall fix and determine the date when the absentee
was last seen or heard of.

4. In the case of an internee, process shall issue to the persons who
would be his or her distributees if he or she had died on the date of
filing the petition.

5. In all cases under subdivisions 1, 2 and 4, the court may dispense
with process if it finds that the best interests of the estate so
require.

6. After a citation has been issued by the court in a case under
subdivision 3 and it is established to the satisfaction of the court
that the best interests of the estate of an absentee require immediate
supervision or action by a fiduciary, the court may forthwith appoint
the temporary administrator to serve during the pendency of the
proceeding or for such shorter period of time as the court directs. In
no event shall such appointment be for a longer period than six months
from the date of issuance of the citation. During the pendency of the
proceeding, the court may at any time revoke such letters of temporary
administration. The temporary administrator shall not be entitled to
commissions under 2307 for services rendered prior to the date of the
decree finally appointing the temporary administrator and containing the
finding required by subdivision 3, but the court may award such
compensation for such services as shall be just, reasonable and proper,
not to exceed a full commission for all services rendered by such person
as fiduciary during the entire administration of the estate.

7. A petition for letters of temporary administration may be presented
by any person interested in the estate of a decedent or a person alleged
to be deceased, any beneficiary or nominated executor under the last
will of a decedent or a person alleged to be deceased on file in the
court, any person who would have an interest in the property of an
absentee or internee if he or she were dead, a public administrator,
county treasurer, creditor or by a person interested in an action
brought or about to be brought in which the decedent, absentee or
internee would be a proper party.