Legal Definitions - administrator pendente lite

An administrator pendente lite is a temporary manager appointed by a court to oversee a deceased person's estate while there is an ongoing legal dispute about the will or who should manage the estate.

The phrase "pendente lite" signifies "pending litigation," emphasizing the temporary nature of this role. When family members or other interested parties challenge the validity of a will, or disagree about who should serve as the executor, the court may appoint an administrator pendente lite to ensure the estate's assets are protected and managed responsibly during the legal battle. This temporary administrator's responsibilities typically include:

• Safeguarding the estate's property and assets.
• Paying necessary bills and expenses.
• Collecting debts owed to the estate.
• Preventing the estate from losing value.

Crucially, an administrator pendente lite does not participate in the legal dispute itself. Their sole focus is to preserve the estate's value and manage its day-to-day affairs until the court resolves the underlying litigation and appoints a permanent executor or administrator. This role is also sometimes referred to as a special administrator.

Examples of an Administrator Pendente Lite in Action:

• Example 1: Contested Will Among Siblings

  After their father's passing, two siblings discover his latest will significantly favors one over the other. The disfavored sibling challenges the will in court, alleging their father lacked mental capacity when he signed it. While the court case proceeds, the father's estate includes a rental property that needs ongoing maintenance, collection of rent, and payment of property taxes. To ensure these critical tasks are handled and the property doesn't fall into disrepair or lose value during the lengthy legal battle, the probate court appoints an administrator pendente lite. This temporary administrator manages the rental property, pays its expenses, and keeps detailed records, but does not take sides in the siblings' dispute over the will's validity.

• Example 2: Managing a Deceased's Business During Executor Dispute

  A successful entrepreneur passes away, leaving behind a thriving small business and a substantial estate. Her will names her business partner as the executor. However, her adult children challenge this appointment, arguing that the business partner has a conflict of interest and may not act solely in the estate's best interest. The court case to determine the rightful executor could take many months. During this time, the business needs to continue operating, employees need to be paid, and contracts need to be managed. To prevent the business from collapsing or suffering significant losses, the court appoints an administrator pendente lite. This individual steps in to oversee the business operations, manage finances, and preserve its value until the dispute over the permanent executor is resolved, ensuring the estate's assets are protected for the beneficiaries.