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Ad Colligendum Bona Defuneti: The Process of Collecting Deceased Assets
Definition & Meaning
"Ad colligendum bona defuneti" refers to the legal process of collecting and managing the property of a deceased person. When someone passes away without having appointed an executor or administrator to oversee their estate, a court can step in to appoint a person to collect and preserve the deceased's assets. This appointed individual is responsible for safeguarding the property until a permanent administrator is designated. A special letter of authority is issued to this person, allowing them to fulfill their duties temporarily.
Table of content
Legal Use & context
This term is primarily used in probate law, which governs the distribution of a deceased person's estate. It is relevant in situations where there is no appointed executor or administrator, leading to the need for court intervention. Individuals may handle the collection of assets themselves using legal forms provided by services like US Legal Forms, which can help simplify the process.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A person passes away without a will or appointed executor. The court appoints a family member to collect and safeguard the deceased's belongings until an administrator can be officially designated.
Example 2: A friend of the deceased is appointed by the court to manage the estate's assets temporarily, ensuring that bills are paid and property is maintained while the probate process unfolds. (hypothetical example)
State-by-state differences
Examples of state differences (not exhaustive):
State
Variations
California
Allows for a simplified process under certain circumstances.
New York
Has specific forms and procedures for appointing a temporary administrator.
Texas
Provides a streamlined process for small estates.
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 estate.
Executors are chosen by the deceased, while ad colligendum bona defuneti is appointed by the court.
Administrator
A person appointed by the court to manage an estate when there is no will.
Ad colligendum bona defuneti refers to a temporary appointment before a permanent administrator is named.
Common misunderstandings
What to do if this term applies to you
If you find yourself in a situation where a loved one has passed away without an appointed administrator, you may need to petition the court for an appointment under ad colligendum bona defuneti. It is advisable to consult legal professionals for guidance. Alternatively, you can explore US Legal Forms for templates that can help you navigate this process effectively.
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