Legal Definitions - Administrator Ad Prosequendum

An Administrator Ad Prosequendum is a specialized legal representative appointed by a court. Their primary role is to initiate and manage a specific lawsuit on behalf of a deceased person's estate. This appointment typically occurs when someone has died without a valid will (known as dying intestate) and there is a need to bring a legal claim, such as a wrongful death action or a lawsuit intended to recover assets for the estate.

The authority of an Administrator Ad Prosequendum is limited solely to prosecuting that particular legal case. They do not oversee the general administration of the entire estate, such as paying debts or distributing assets; their power is confined to the specific legal action for which they were appointed.

• Example 1: Wrongful Death Claim After a Car Accident

  Imagine a person named Sarah dies in a severe car accident caused by a negligent driver. Sarah did not have a will. Her surviving family members want to sue the at-fault driver for wrongful death to recover damages for their loss and for Sarah's pain and suffering before her death. Since there is no executor named in a will to represent Sarah's interests in a lawsuit, the court would appoint an Administrator Ad Prosequendum. This individual would then have the legal authority to file and pursue the wrongful death lawsuit against the negligent driver on behalf of Sarah's estate, managing all aspects of that specific legal action.

• Example 2: Medical Malpractice Suit for an Intestate Patient

  Consider a patient, Mr. Henderson, who passes away due to alleged medical negligence during a hospital stay. Mr. Henderson had not prepared a will. His adult children believe the hospital and its staff were responsible for his death and wish to seek compensation through a lawsuit. In this scenario, the court would appoint an Administrator Ad Prosequendum. This administrator would be the legal party empowered to investigate the medical records, file the medical malpractice lawsuit against the hospital, and represent Mr. Henderson's estate throughout the litigation process, ensuring that any potential settlement or judgment benefits the estate.

• Example 3: Recovering a Debt Owed to an Intestate Estate

  Suppose Ms. Chen died without a will. Before her death, she had loaned a substantial amount of money to a business associate, who has now refused to repay the debt. Ms. Chen's heirs want to recover this money for the estate so it can be distributed among them according to state law. Because there is no will appointing an executor, the court would appoint an Administrator Ad Prosequendum. This administrator would then have the specific legal standing to file a lawsuit against the business associate to recover the outstanding debt, acting solely to bring those funds back into Ms. Chen's estate.