Fisher Ex Rel. Estate of Shaw-Baker v. Huckabee

JUSTICE FEW :

**236 The question we address in this appeal is who may bring a civil action on behalf of the estate of a deceased person when the personal representative of the estate is also a potential defendant in the action. The answer is found in section 62-3-614 of our Probate Code, which provides, "A special administrator may be appointed ... in circumstances where a general personal representative cannot or should not act."

I. Facts and Procedural History

Alice Shaw-Baker lived in Charleston and had no immediate family. She allegedly reached an agreement with Bessie Huckabee, Kay…