De Bonis Non Administratis
   HOME

TheInfoList



OR:

De bonis non administratis,
Latin Latin ( or ) is a classical language belonging to the Italic languages, Italic branch of the Indo-European languages. Latin was originally spoken by the Latins (Italic tribe), Latins in Latium (now known as Lazio), the lower Tiber area aroun ...
for "of goods not administered," is a legal term for assets remaining in an
estate Estate or The Estate may refer to: Law * Estate (law), a term in common law for a person's property, entitlements and obligations * Estates of the realm, a broad social category in the histories of certain countries. ** The Estates, representativ ...
after the death or removal of the estate
administrator Administrator or admin may refer to: Job roles Computing and internet * Database administrator, a person who is responsible for the environmental aspects of a database * Forum administrator, one who oversees discussions on an Internet forum * N ...
. The second administrator is called the administrator ''de bonis non'' and distributes the remaining assets. In the United States's
Uniform Probate Code The Uniform Probate Code ( commonly abbreviated UPC) is a uniform act drafted by National Conference of Commissioners on Uniform State Laws (NCCUSL) governing inheritance and the decedents' estates in the United States. The primary purposes of ...
, these titles have been replaced by successor personal representative. The most common cause of a grant of ''de bonis non'' by a court is where the administrator dies. However, it can also be granted in cases where the chain of representation is broken. Such would happen, for example, when the
executor An executor is someone who is responsible for executing, or following through on, an assigned task or duty. The feminine form, executrix, is sometimes used. Executor of will An executor is a legal term referring to a person named by the maker o ...
of a will has obtained
probate In common law jurisdictions, probate is the judicial process whereby a will is "proved" in a court of law and accepted as a valid public document that is the true last testament of the deceased; or whereby, in the absence of a legal will, the e ...
, but then dies intestate. (Normally, if the executor dies testate, the representation passes to the executor of the first executor's estate upon probate of the latter's own will. This is governed by Section 7 of the
Administration of Estates Act 1925 The Administration of Estates Act 1925 ( 15 & 16 Geo. 5. c. 23) is an act of the Parliament of the United Kingdom that consolidated, reformed, and simplified the rules relating to the administration of estates in England and Wales. Principal ...
( 15 & 16 Geo. 5. c. 23) in the United Kingdom.)


See also

*
Personal representative In common law jurisdictions, a personal representative or legal personal representative is a person appointed by a court to administer the estate of another person. If the estate being administered is that of a deceased person, the personal repres ...


References


Further reading

* * Latin legal terminology Inheritance {{Latin-legal-phrase-stub