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Administration pendente lite refers to a temporary form of estate administration that is granted while a legal dispute regarding the validity of a will is ongoing. This type of administration allows an appointed administrator to manage the estate until the court resolves the matter. The authority of the administrator pendente lite is limited and ceases once the litigation concludes. Their main responsibilities include collecting debts and filing an inventory, but they cannot distribute the estate until the will is validated.
Table of content
Legal Use & context
This term is commonly used in probate law, particularly in cases where there is a disagreement over a will's legitimacy. Administration pendente lite is relevant in civil legal matters involving estate disputes. Users can often manage related processes through legal forms, such as those provided by US Legal Forms, which can help simplify the administration process during litigation.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: In a case where two family members contest the validity of a will, the court may appoint an administrator pendente lite to oversee the estate's financial matters until a decision is made.
Example 2: A person might be appointed as an administrator pendente lite to ensure that debts are paid and an inventory is filed while the probate court determines the rightful executor of the estate. (hypothetical example)
State-by-state differences
State
Differences
California
Allows for a more streamlined process for appointing an administrator pendente lite during will contests.
New York
Requires specific forms to be filed for the appointment of an administrator pendente lite, with detailed reporting obligations.
Texas
Has specific statutes governing the powers and limitations of an administrator pendente lite, emphasizing their temporary nature.
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 to carry out the terms of a will.
Executors have full authority to manage the estate once the will is validated, unlike administrators pendente lite.
Special Administration
A temporary administration for specific purposes, often broader than pendente lite.
Special administration may allow for asset distribution, while pendente lite does not.
Common misunderstandings
What to do if this term applies to you
If you find yourself involved in a will dispute, it may be necessary to seek the appointment of an administrator pendente lite. Consider consulting with a legal professional to understand your rights and responsibilities. Additionally, you can explore US Legal Forms for templates that can assist you in managing the administrative tasks during the litigation process.
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