Legal Definitions - letters ad colligendum bona defuncti

The legal term letters ad colligendum bona defuncti refers to a historical court order that granted temporary authority to a specific individual. This authorization allowed the designated person to collect and preserve the assets belonging to someone who had died without a will (intestate).

These "letters" were typically issued by a judicial officer when there was no immediate executor, administrator, or creditor available to manage the deceased's estate. Their primary purpose was to safeguard the deceased's property from loss, damage, or theft until a formal representative could be properly appointed by the court to handle the full administration of the estate.

Here are some examples illustrating how this concept would have applied:

• Imagine a wealthy individual who lived alone and passed away suddenly without leaving a will. This person owned a large estate with valuable antiques, rare books, and significant financial documents. If no immediate family members or known creditors were available or willing to take charge, a court might have issued letters ad colligendum bona defuncti to a trusted local official or attorney. This person's role would be to secure the property, inventory the valuables, and ensure nothing was stolen or damaged, thereby protecting the estate's value until a permanent administrator could be appointed to manage the full probate process.

• Consider a small business owner who operated a specialized workshop, creating custom furniture. Upon their unexpected death without a will, the workshop contained valuable tools, unfinished projects, and raw materials. If there was no surviving spouse or business partner to immediately oversee these assets, the court could grant letters ad colligendum bona defuncti to a responsible party. This temporary appointee would be tasked with securing the workshop, ensuring the tools were stored safely, and perhaps even taking steps to protect any perishable materials, preventing the loss of significant value before a formal estate administrator could be named.

• Suppose a person died intestate, leaving behind a house full of personal belongings but also significant debts. With no family members stepping forward to manage the estate, and creditors not yet having initiated formal proceedings, the court might issue letters ad colligendum bona defuncti. This would empower a court-approved individual to enter the property, secure it against vandalism or theft, and perhaps even arrange for the temporary storage of items if the property itself needed to be vacated. This action would ensure that the assets remained intact and available to eventually satisfy the deceased's debts or be distributed to heirs once a full estate administration was established.