Legal Definitions - administrator de bonis non cum testamento annexo

An administrator de bonis non cum testamento annexo (often shortened to administrator de bonis non) is a person appointed by a court to take over the management of a deceased person's estate when the previous administrator, who was originally appointed to handle an estate with a will, could not complete their duties. This situation arises when a will exists, but the person named as executor is unable or unwilling to serve, so the court appoints an initial administrator (an administrator cum testamento annexo). If that initial administrator then fails to finish the estate's administration, the court appoints an administrator de bonis non cum testamento annexo to step in and complete the process according to the will's instructions. The Latin phrase roughly translates to "administrator of goods not administered, with the will annexed."

Here are a few examples to illustrate this concept:

• Example 1: Death of the Prior Administrator

  Mr. Henderson passed away, leaving a will. His named executor had predeceased him, so the court appointed Ms. Chen as an administrator (specifically, an administrator cum testamento annexo) to manage the estate according to the will. Ms. Chen began the process of gathering assets and paying debts, but tragically passed away herself before the estate was fully settled and distributed to the beneficiaries.

  How this illustrates the term: The court would then appoint an administrator de bonis non cum testamento annexo to step in, take over from where Ms. Chen left off, and complete the administration of Mr. Henderson's estate as outlined in his will. This new administrator is needed because the previous one (Ms. Chen) could not finish the job.

• Example 2: Incapacity of the Prior Administrator

  Mrs. Rodriguez left a detailed will, but her chosen executor declined to serve. The court appointed Mr. Davies as the administrator to manage her estate. Mr. Davies diligently worked on the estate for several months, but then suffered a severe stroke that left him unable to communicate or make decisions, effectively incapacitating him from continuing his duties.

  How this illustrates the term: Since Mr. Davies, the initial administrator with the will annexed, is no longer capable of completing the estate's administration, the court would appoint an administrator de bonis non cum testamento annexo. This new individual would assume responsibility for Mrs. Rodriguez's estate, ensuring that all remaining tasks, such as selling property, paying final taxes, and distributing assets to beneficiaries, are completed according to her will.

• Example 3: Removal of the Prior Administrator for Mismanagement

  Following the death of Ms. Peterson, her named executor was unavailable. The court appointed her nephew, David, as the administrator to settle her estate according to her will. However, several months into the process, beneficiaries complained to the court that David was neglecting his duties, failing to pay estate bills, and not providing updates. After an investigation, the court found that David was indeed mismanaging the estate and removed him from his position.

  How this illustrates the term: Because David, the initial administrator appointed to handle the will, was removed for failing to properly administer the estate, the court would need to appoint an administrator de bonis non cum testamento annexo. This new administrator would then take over the estate, rectify any issues caused by the previous mismanagement, and ensure that Ms. Peterson's will is properly executed and her assets distributed to the rightful beneficiaries.