Plene Administravit: A Comprehensive Guide to Its Legal Definition
Definition & meaning
The term "plene administravit" is derived from Latin, meaning "he has fully administered." In legal contexts, it refers to a defense used by an executor or administrator of an estate. This plea asserts that all assets of the estate have been fully managed and that no remaining assets exist to satisfy a plaintiff's claim against the deceased's estate. Essentially, it indicates that the executor or administrator has completed their responsibilities regarding the estate's assets.
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Plene administravit is primarily used in civil law, particularly in probate cases. It comes into play when an executor or administrator faces a lawsuit concerning debts owed by the deceased. By entering this plea, the executor or administrator aims to demonstrate that they have fulfilled their duty and that there are no funds left to pay the debt. Users can manage these situations with the right legal forms, often available through resources like US Legal Forms, which provide templates drafted by qualified attorneys.
Key Legal Elements
Real-World Examples
Here are a couple of examples of abatement:
Example 1: An executor of an estate receives a claim from a creditor stating that the deceased owed money. The executor files a plea of plene administravit, asserting that all estate assets have been distributed and there are no funds left to pay the claim.
Example 2: An administrator handling a probate case is sued by a beneficiary claiming they did not receive their share. The administrator responds with a plea of plene administravit, indicating that all distributions have been made according to the will and that the estate is closed. (hypothetical example)
State-by-State Differences
State
Variation
California
Executors must file a final accounting with the court to support a plene administravit plea.
New York
In New York, the plea must be accompanied by evidence of asset distribution to be effective.
Texas
Texas law allows for a simplified administration process, which may affect how plene administravit is applied.
This is not a complete list. State laws vary and users should consult local rules for specific guidance.
Comparison with Related Terms
Term
Definition
Probate
The legal process of administering a deceased person's estate, which may involve the plea of plene administravit.
Executor
A person appointed to manage the estate of a deceased individual, who may enter a plene administravit plea.
Administrator
A person appointed by the court to manage an estate when there is no will, who can also use the plene administravit defense.
Common Misunderstandings
What to Do If This Term Applies to You
If you are an executor or administrator facing claims against the estate, consider the following steps:
Gather all documentation related to the estate's assets and distributions.
Consult with a legal professional to understand your rights and obligations.
Consider using legal form templates from US Legal Forms to file a plene administravit plea effectively.
If the situation is complex, seek professional legal assistance to navigate the process.
Quick Facts
Attribute
Details
Typical Fees
Varies by state and complexity of the estate.
Jurisdiction
Probate court in the relevant state.
Possible Penalties
Liability for unpaid claims if the plea is not supported.
Key Takeaways
FAQs
It means "he has fully administered" and is a defense used by executors or administrators to indicate that all estate assets have been managed.
You can use it when responding to claims against the estate, asserting that there are no remaining assets to satisfy the claim.
While you can use templates, consulting a legal professional is advisable to ensure compliance with state laws and proper documentation.
No, it only addresses specific claims and must be supported by evidence of full administration.
Probate is the overall process of administering an estate, while plene administravit is a specific defense used within that process.
