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Legal Definitions - de bonis non administratis
Definition of de bonis non administratis
The Latin legal term de bonis non administratis translates to "of the goods not administered." It refers to assets within an estate that have not yet been fully managed or distributed by a previous administrator or executor.
This situation typically arises when the initial person appointed to oversee an estate's administration dies, resigns, or is removed by a court before completing all their duties. When this happens, a new administrator is appointed to take over and manage only those assets and responsibilities that the previous administrator did not complete. This successor is often referred to as an "administrator de bonis non."
Example 1: Unexpected Death of an Administrator
Maria was appointed as the administrator for her deceased aunt's estate. She successfully paid off all outstanding debts, sold the family home, and distributed a significant portion of the inheritance to the beneficiaries. However, before she could finalize the sale of her aunt's valuable art collection and complete the final tax filings, Maria unexpectedly passed away. A court would then appoint a new administrator, known as an administrator de bonis non, to manage the de bonis non administratis – specifically, the remaining art collection to be sold and the final tax obligations that Maria could not complete.
Example 2: Removal of an Executor Due to Misconduct
Mr. Davies was named the executor of his friend's substantial estate, which included several investment accounts and a small business. After a year, the beneficiaries discovered that Mr. Davies had been mismanaging funds and failing to provide proper accounting. The court removed him from his position due to his negligence. A new executor was appointed to take over the de bonis non administratis – the investment accounts that were still unmanaged, the business operations that needed oversight, and the proper distribution of assets that Mr. Davies had failed to handle responsibly.
Example 3: Resignation from a Complex Estate
An estate involved a complex portfolio of international properties and various business interests. The initial executor, a seasoned professional, successfully navigated the sale of all foreign assets and settled most of the estate's liabilities. However, due to the prolonged nature of the administration and personal health reasons, he decided to resign before liquidating the remaining domestic stock portfolio and making the final distributions to the numerous heirs. The court then appointed a successor executor to manage the de bonis non administratis, which included the remaining stock liquidation, final accounting, and distribution of the last portion of the estate to the beneficiaries.
Simple Definition
De bonis non administratis is a Latin phrase meaning "of the goods not administered." It refers to the portion of an estate's assets that remain unmanaged after the initial administrator has died or been removed. A subsequent administrator is then appointed to handle these remaining, unadministered goods.