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Plene Administravit Praeter: A Comprehensive Guide to Its Legal Definition
Definition & Meaning
The term "plene administravit praeter" is a Latin phrase that translates to "he has fully administered, except." In legal contexts, it refers to a specific defense used by an executor or administrator of an estate. This defense asserts that the executor or administrator has completely managed the estate's assets, with the exception of certain assets that are insufficient to cover the claims made by a plaintiff. This phrase is often invoked in cases where an executor or administrator is being sued for debts owed by the deceased individual.
Table of content
Legal Use & context
This term is primarily used in probate law, which deals with the administration of estates after a person's death. It is relevant in civil actions where an executor or administrator faces claims against the estate. Understanding this term is crucial for individuals involved in estate management, as it helps clarify the responsibilities and limitations of an executor or administrator. Users can find legal templates on US Legal Forms to assist with drafting necessary documents related to estate administration.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: An executor of an estate is sued by a creditor for a debt owed by the deceased. The executor can file a plea of plene administravit praeter, stating that all assets have been distributed, and only a small amount remains that cannot cover the debt.
Example 2: An administrator of an estate may argue plene administravit praeter when a beneficiary claims that they did not receive their full inheritance, asserting that the estate had no more assets to distribute. (hypothetical example)
State-by-state differences
Examples of state differences (not exhaustive):
State
Variation in Use
California
Executors must provide detailed accounting to support the plea.
New York
Specific forms are required to file this defense.
Texas
Allows for a simplified process for proving full administration.
This is not a complete list. State laws vary and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Difference
Plene administravit
Means "fully administered" without exceptions.
Does not allow for exceptions regarding remaining assets.
Executor
A person appointed to carry out the terms of a will.
An executor can use plene administravit praeter as a defense in claims.
Administrator
A person appointed by the court to manage an estate without a will.
Similar role to executor but applies when there is no will.
Common misunderstandings
What to do if this term applies to you
If you are an executor or administrator facing claims against an estate, consider the following steps:
Gather all documentation related to the estate's assets and debts.
Consult with a legal professional to understand your rights and obligations.
Explore US Legal Forms for templates that can assist in filing necessary documents and defenses.
If the situation is complex, seek legal advice to navigate the claims effectively.
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