De bonis non administratis
Encyclopedia
De bonis non administratis, Latin
for "of goods not administered," is a legal term for assets remaining in an estate
after the death or removal of the estate administrator
. The second administrator is called the administrator de bonis non and distributes the remaining assets. A longer title is administrator de bonis non cum testamento annexo ("administrator of goods not administered with the will annexed"). In the Uniform Probate Code
, these titles have been replaced by successor personal representative.
The most common cause of a grant of de bonis non by a court is where the administrator dies. However, it can also be granted in cases where the chain of representation is broken. Such would happen, for example, when the executor of a will has obtained probate
, but then dies intestate. (Normally, if the executor dies testate, the representation passes to the executor of the first executor's estate upon probate of the latter's own will. This is governed by Section 7 of the Administration of Estates Act 1925
in the United Kingdom, for example.)
Latin
Latin is an Italic language originally spoken in Latium and Ancient Rome. It, along with most European languages, is a descendant of the ancient Proto-Indo-European language. Although it is considered a dead language, a number of scholars and members of the Christian clergy speak it fluently, and...
for "of goods not administered," is a legal term for assets remaining in an estate
Estate (law)
An estate is the net worth of a person at any point in time. It is the sum of a person's assets - legal rights, interests and entitlements to property of any kind - less all liabilities at that time. The issue is of special legal significance on a question of bankruptcy and death of the person...
after the death or removal of the estate administrator
Administrator (law)
In law an administrator can be:* a person appointed by the court to handle the estate of someone who died without a will ....
. The second administrator is called the administrator de bonis non and distributes the remaining assets. A longer title is administrator de bonis non cum testamento annexo ("administrator of goods not administered with the will annexed"). In the Uniform Probate Code
Uniform Probate Code
The Uniform Probate Code is a uniform act drafted by National Conference of Commissioners on Uniform State Laws governing inheritance and the decedents' estates in the United States...
, these titles have been replaced by successor personal representative.
The most common cause of a grant of de bonis non by a court is where the administrator dies. However, it can also be granted in cases where the chain of representation is broken. Such would happen, for example, when the executor of a will has obtained probate
Probate
Probate is the legal process of administering the estate of a deceased person by resolving all claims and distributing the deceased person's property under the valid will. A probate court decides the validity of a testator's will...
, but then dies intestate. (Normally, if the executor dies testate, the representation passes to the executor of the first executor's estate upon probate of the latter's own will. This is governed by Section 7 of the Administration of Estates Act 1925
Administration of Estates Act 1925
The Administration of Estates Act 1925 is a law passed in 1925 in England and Wales that changed the rule of inheritance from primogeniture to that of modern day norms. This statute does not apply to Scotland or to Northern Ireland....
in the United Kingdom, for example.)