A special administrator may be appointed:

1. (1) informally by the court on the application of an interested person when necessary:

   1. (a) to protect the estate of a decedent prior to the appointment of a general personal representative or if a prior appointment has been terminated as provided in Section 62-3-609; or
   2. (b) for a creditor of the decedent's estate to institute any proceeding under Section 62-3-803(c);

2. (2) in a formal proceeding by order of the court on the petition of any interested person and finding, after notice and hearing, that appointment is necessary to preserve the estate or to secure its proper administration including its administration in circumstances where a general personal representative cannot or should not act. If it appears to the court that an emergency exists, appointment may be ordered without notice.

   UNDER FORMER Section 21-15-20