Understanding Administration De Bonis Non Cum Testamento Annexo in Estate Law
Definition & Meaning
Administration de bonis non cum testamento annexo refers to the process where a court appoints an administrator to manage and settle an estate when the original executor has passed away or is unable to fulfill their duties. This type of administration occurs in cases where there is a valid will, but the estate remains unsettled due to the previous executor's death or incapacity. It ensures that the remaining assets of the estate are properly handled according to the deceased's wishes as outlined in the will.
Legal Use & context
This term is primarily used in probate law, which deals with the administration of estates after a person's death. When an executor dies or cannot perform their duties, the court may grant administration de bonis non cum testamento annexo to ensure that the estate is settled according to the will. Users may find relevant forms and templates through resources like US Legal Forms, which can assist in navigating the legal processes involved.
Real-world examples
Here are a couple of examples of abatement:
Example 1: A person named John has a will that designates his friend Sarah as the executor. Unfortunately, Sarah passes away before completing the estate settlement. The court then appoints another individual, Michael, as the administrator de bonis non cum testamento annexo to finalize the estate according to John's wishes.
Example 2: (hypothetical example) If a family member is appointed as an executor but becomes incapacitated due to illness, the court may appoint a new administrator to manage the estate's remaining assets.