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Ad Colligendum Bona: The Court's Role in Asset Preservation
Definition & meaning
The term "ad colligendum bona" refers to a court-appointed individual responsible for collecting, inventorying, and preserving the assets of a deceased person. This role is specifically designated for situations where the deceased has not appointed an executor or administrator. The person in this role acts as an agent of the court, with limited authority to manage the estate until a proper administrator can be appointed.
Table of content
Legal use & context
This term is primarily used in probate law, which deals with the administration of estates after a person's death. Ad colligendum bona is relevant in cases where there is no will or appointed executor, allowing for the temporary management of the deceased's assets. Users may find it beneficial to utilize legal templates from US Legal Forms to navigate this process effectively.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A person passes away without a will or designated executor. The court appoints an ad colligendum bona to manage the deceased's property until a formal administrator is appointed.
Example 2: After a sudden death, family members realize there is no appointed executor. The court steps in and assigns an ad colligendum bona to ensure the deceased's assets are secured and accounted for. (hypothetical example)
State-by-state differences
State
Key Differences
California
Typically allows for a more streamlined process for appointing an ad colligendum bona compared to other states.
New York
Requires specific forms to be filed for the appointment of an ad colligendum bona.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Key Differences
Executor
A person appointed in a will to manage the deceased's estate.
Executors have full authority to manage the estate, unlike ad colligendum bona.
Administrator
A person appointed by the court to manage an estate when there is no will.
Administrators have broader powers than an ad colligendum bona, who has limited authority.
Common misunderstandings
What to do if this term applies to you
If you find yourself in a situation where an ad colligendum bona is needed, consider taking the following steps:
Contact the probate court to understand the process for appointment.
Gather necessary documents related to the deceased's assets.
Explore legal templates available through US Legal Forms to assist in the process.
If the situation is complex, consider seeking professional legal assistance.
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