De bonis non administratis
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 In the Uniform Probate Code, these titles have been replaced by successor personal representative.[1]
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.)[2]
[edit] References
- ^ Gordon W. Brown (2003). "The Personal Representative". Administration of Wills, Trusts, and Estates. Cengage Learning. pp. 286. ISBN 0766852814.
- ^ Robert Mckeon (2001). Q & a on Succession.. Cavendish Publishing Ltd. pp. 216. ISBN 1859416217.
[edit] Further reading
- William Selwyn (1838). "Of the Nature of the Interest of an Executor or Administrator in the Estate of the Deceased — In what Cases it is transmissible, and where an Administration de bonis non is necessary". An Abridgment of the Law of Nisi Prius. London: J. & W. T. Clarke. pp. 786–787.
- John Bouvier (2004). "de bonis non". A Law Dictionary. The Lawbook Exchange, Ltd. pp. 413. ISBN 1584773588.
[edit] See also
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