Legal Definitions - priori petenti

Priori petenti is a Latin legal principle, primarily applied in the context of wills and estates. It states that when two or more individuals have an equal legal right to administer a deceased person's estate, the court will generally appoint the person who formally applies for the role first.

This principle helps courts resolve situations where multiple parties with similar claims could potentially manage an estate, by prioritizing the individual who demonstrates initiative and takes the first step in the legal process.

• Example 1: Siblings with Equal Standing

  When Mr. Davies passed away without a will, he left behind two adult children, Anna and Ben. Both Anna and Ben have an equal legal right to administer their father's estate. Anna, understanding the need to settle the estate promptly, consults with an attorney and files the necessary petition with the probate court to be appointed as the estate administrator. Ben considers applying a few weeks later but has not yet taken any formal steps.

  How it illustrates priori petenti: Since Anna was the first among the equally entitled siblings to formally apply to the court for the role of administrator, the principle of priori petenti would lead the court to appoint her.

• Example 2: Distant Relatives with Shared Claim

  Ms. Chen died without a will and had no spouse or children. Her closest living relatives are two cousins, David and Emily, who live in different cities and have an equal legal claim to administer her estate. Upon learning of Ms. Chen's passing, David immediately contacts the appropriate court and submits his application to become the estate administrator. Emily, unaware of David's actions, begins researching the process a few days later, intending to apply herself.

  How it illustrates priori petenti: Despite their equal legal standing as cousins, David's prompt action in formally applying to the court first means that, under the principle of priori petenti, he would be favored for appointment as the estate administrator.

• Example 3: Multiple Creditors Seeking Administration

  Mr. Rodriguez passed away with significant debts and no will, and his immediate family declined to administer his estate. Two of his creditors, Bank A and Credit Union B, both have a legal right to apply to administer the estate to recover their outstanding loans. Bank A, having a larger claim, quickly files a petition with the court to be appointed as administrator. Credit Union B plans to file their own application the following week.

  How it illustrates priori petenti: In this scenario, both Bank A and Credit Union B are equally entitled to apply for administration. However, because Bank A was the first to formally submit its application to the court, the principle of priori petenti would likely result in Bank A being appointed as the estate administrator.