The appointment of a special administrator may be made at any time, without notice or upon such notice to such of the persons interested in the estate as the Superior Court of Guam may deem reasonable. In making the appointment of a special administrator, preference must ordinarily be given to the person entitled to letters testamentary, letters of administration with the will annexed, or letters of administration. No person is competent to serve as a special administrator who has not the qualifications required of an executor as provided in Section 1701 of this Title. The order appointing a special administrator is not appealable.

SOURCE: All except third sentence: Probate Code of Guam (1970), § 461. Third sentence: Guam Law Revision Commission.

COMMENT: The third sentence, which represents the only alteration to § 461 of the Probate Code of Guam (1970), merely reiterates that special administrators must be legally competent. This was never made clear under prior law. As with other personal representatives, it is the Commission’s intention that special administrators must be competent so to serve not only at the time of appointment, but also during the course of their administrations.