Legal Definitions - administration pendente lite

Administration pendente lite refers to the temporary management of a deceased person's estate while a legal dispute concerning the estate is ongoing. The Latin phrase "pendente lite" means "while litigation is pending." This provisional arrangement ensures that the estate's assets are protected, debts are paid, and essential affairs are handled until the court resolves the primary legal challenge, such as a contest over the validity of a will or the rightful appointment of an executor. The person appointed for this role, often called an administrator pendente lite, has limited powers focused solely on preserving the estate during the litigation.

• Example 1: Will Contest

  After a wealthy individual passes away, their adult children discover a newly signed will that significantly reduces the inheritance of one child in favor of another. The disinherited child believes their sibling exerted undue influence on their parent and challenges the will's validity in court. While the court proceedings are underway to determine which will (if any) is valid, the estate's assets, including several properties and investment accounts, need to be managed. The court might appoint an administrator pendente lite to oversee the payment of property taxes, maintain the properties, and manage the investment portfolio to prevent loss, ensuring the estate is preserved until the will contest is resolved and a permanent executor can be appointed.

• Example 2: Dispute Over Executor Appointment

  A will names a specific individual as the executor, but several beneficiaries object to this choice, arguing that the named executor has a conflict of interest or lacks the necessary financial acumen to manage the estate effectively. They petition the court to appoint a different executor. During the period while the court hears arguments and decides who should permanently manage the estate, there are immediate needs, such as paying outstanding medical bills, securing valuable personal property, and ensuring a small business owned by the deceased continues to operate. An administrator pendente lite would be appointed to handle these urgent matters, preventing the estate from suffering harm or neglect while the dispute over the permanent executor is settled.

• Example 3: Complex Heirship and Missing Documents

  A person dies without a clear will, and their immediate family members are unsure of the full extent of their assets or if a will exists but is simply missing. Multiple distant relatives also come forward, each claiming a right to inherit. The complexity of identifying all heirs and locating all assets leads to a prolonged legal process. To prevent the estate from languishing or its assets being misused during this investigative and legal phase, the court could appoint an administrator pendente lite. This temporary administrator would be responsible for identifying and securing all potential assets, paying any immediate debts, and managing any ongoing financial obligations, ensuring the estate remains intact and accounted for until the rightful heirs are determined and a permanent administration can commence.