Administration durante minore aetate refers to the management of an estate by an appointed adult when the person entitled to administer the estate is underage. This typically occurs when a minor is named as an executor or is otherwise entitled to administer an intestate estate. In such cases, a suitable adult is appointed to handle the estate affairs on behalf of the minor.
This term is commonly used in probate and estate law. It applies when the rightful administrator of an estate is a minor, and an adult must step in to manage the estate's administration. Users may encounter this situation in family law or estate planning contexts. Legal templates and forms related to estate administration can be found through resources like US Legal Forms, which can assist individuals in navigating this process.
Here are a couple of examples of abatement:
Example 1: A parent passes away, leaving their estate to their minor child. An adult relative is appointed as the administrator durante minore aetate to manage the estate until the child reaches the age of majority.
Example 2: A minor is named as an executor in a will. The court appoints a trusted family friend to act as the administrator durante minore aetate to ensure the estate is properly managed until the minor is of legal age. (hypothetical example)
Examples of state differences (not exhaustive):
| State | Key Differences |
|---|---|
| California | Allows minors to nominate an adult administrator, but court approval is required. |
| New York | Requires a bond for the adult administrator unless waived by the court. |
| Texas | May allow a minor to serve as executor with specific conditions and oversight. |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition | Differences |
|---|---|---|
| Executor | A person appointed to carry out the terms of a will. | Executors are typically adults, while administration durante minore aetate involves minors. |
| Guardian | A person legally appointed to manage the affairs of a minor. | Guardianship focuses on personal care, while administration concerns estate management. |
If you find yourself in a situation where administration durante minore aetate applies, consider the following steps:
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An adult will typically be appointed to administer the estate until the minor reaches adulthood.