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De Bonis Testatoris: A Comprehensive Guide to Its Legal Meaning
Definition & Meaning
The term "de bonis testatoris" is a Latin phrase that translates to "of the goods of the testator." It refers to a legal judgment that allows a creditor to recover debts or damages from the estate of a deceased person (the testator) rather than from the personal property of the estate administrator. This term is primarily used in the context of probate law, which governs the distribution of a deceased person's assets.
Table of content
Legal Use & context
De bonis testatoris is commonly applied in probate law, particularly when addressing the rights of creditors to claim debts owed by a deceased individual. It is significant in cases where a testator's estate is being administered, and creditors seek to enforce their claims against the estate's assets. Users may encounter this term when dealing with probate proceedings, and they can utilize legal forms from US Legal Forms to manage such processes effectively.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A creditor files a claim against the estate of a deceased individual who owed them money. The court issues a judgment de bonis testatoris, allowing the creditor to recover the debt from the assets of the estate.
Example 2: An executor of an estate receives a claim from a service provider for unpaid services rendered to the deceased. The executor must address this claim under the de bonis testatoris principle to ensure that the creditor is paid from the estate's resources. (hypothetical example)
State-by-state differences
State
Notes
California
Allows creditors to file claims against the estate within a specified period after the testator's death.
New York
Has specific procedures for creditors to follow when claiming debts from an estate.
Texas
Provides a simplified process for smaller estates, affecting how claims are handled.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
De bonis non
Refers to the administration of assets that were not included in the original probate process.
Executor
The individual appointed to manage the deceased's estate according to the will.
Administrator
A person appointed by the court to manage an estate when there is no will.
Common misunderstandings
What to do if this term applies to you
If you are a creditor seeking to recover a debt from a deceased person's estate, you should file a claim following the probate process. It may be beneficial to use templates from US Legal Forms to assist in preparing the necessary documents. If you are unsure about the process or if the situation is complex, consider consulting a legal professional for guidance.
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