Legal Definitions - administrator de bonis non

The Latin legal term administrator de bonis non refers to an individual appointed by a court to take over the management of a deceased person's estate when the original administrator (or executor, if there was a will) is no longer able to complete the task. This new administrator steps in to finish distributing the remaining assets and settling any outstanding debts, ensuring the estate is fully administered according to law or the deceased's will.

Here are some examples illustrating when an administrator de bonis non might be appointed:

• Example 1: Incapacitation of the Original Administrator
  Sarah was appointed as the executor of her uncle's will. Halfway through the probate process, which involved selling a family business and several properties, she suffered a severe stroke that left her permanently unable to manage her own affairs, let alone the complex legal and financial duties of the estate. Her family petitioned the court, and the court then appointed an administrator de bonis non to step in and complete the sale of the remaining assets, pay the outstanding creditors, and distribute the inheritance to the beneficiaries.

  Explanation: This illustrates the term because Sarah, the original executor, became incapacitated and could no longer perform her duties. The court appointed a new administrator specifically to finish the "goods not yet administered" in the estate.

• Example 2: Death of the Original Administrator
  Mr. Henderson was serving as the administrator for his late sister's estate, which involved selling her small antique shop and managing several investment accounts. Unfortunately, Mr. Henderson passed away unexpectedly before the antique shop sale was finalized and before all the estate's taxes were paid. To prevent the estate from being left in limbo, the probate court appointed an administrator de bonis non to take over, ensuring the business sale was completed, all taxes were paid, and the remaining assets were properly distributed to the heirs.

  Explanation: Here, the original administrator died before completing the estate's administration. The court's appointment of a new administrator to finish the remaining tasks perfectly fits the definition of an administrator de bonis non.

• Example 3: Removal of the Original Administrator for Cause
  A court appointed Ms. Chen as the administrator for an intestate estate (an estate without a will). After several months, the beneficiaries complained to the court that Ms. Chen was failing to act diligently, was not providing proper accounting, and seemed to be delaying the distribution of assets without good reason. Following a hearing, the court removed Ms. Chen from her role due to her inability to properly manage the estate. To ensure the estate could still be settled, the court then appointed an administrator de bonis non to take over, review Ms. Chen's previous actions, and promptly complete the administration and distribution of the estate.

  Explanation: This scenario demonstrates the term when an original administrator is removed by the court for failing to fulfill their duties. An administrator de bonis non is then appointed to step in and complete the unfinished business of the estate.