Legal Definitions - scire fieri inquiry

A scire fieri inquiry was a historical legal process, essentially a court order, used to compel an executor of a deceased person's estate to disclose the location of the deceased's assets. This inquiry became necessary when a sheriff, attempting to seize assets to satisfy a debt owed by the estate, reported that no such assets could be found. In simpler terms, if a creditor had a valid claim against a deceased person's estate, and the initial attempt to collect by seizing property failed because no property was apparent, the court could then order the executor, who was responsible for managing the estate, to reveal where the assets were located.

• Example 1: The Unpaid Merchant

  Imagine in the 18th century, Mr. Thompson, a local merchant, was owed a significant sum by Mr. Davies for goods purchased before Mr. Davies's death. After Mr. Davies passed away, Mr. Thompson sought to collect the debt from the estate. The court issued a writ for the sheriff to seize assets from Mr. Davies's estate to pay the debt. However, the sheriff returned to the court reporting "nulla bona" – meaning he found no visible assets belonging to the estate. At this point, Mr. Thompson could request a scire fieri inquiry. The court would then order Mrs. Davies, as the executor of her late husband's will, to appear and reveal the whereabouts of any hidden funds, land deeds, or other valuable possessions belonging to Mr. Davies's estate, so that Mr. Thompson's debt could finally be settled.

  How this illustrates the term: This example shows a creditor (Mr. Thompson) attempting to collect a debt from a deceased person's estate. When the sheriff failed to find assets ("nulla bona"), the court would use a scire fieri inquiry to force the executor (Mrs. Davies) to disclose the estate's property, enabling the debt to be paid.

• Example 2: The Missing Inheritance

  Consider a situation where a wealthy landowner, Mr. Sterling, died, leaving a will that named his nephew, Arthur, as the executor. Mr. Sterling also had several outstanding debts, including a large loan from a bank. The bank obtained a court order to seize assets from Mr. Sterling's estate to recover the loan. When the sheriff arrived at Mr. Sterling's known properties, he found them seemingly empty of valuable, unencumbered assets, reporting this back to the court. Suspecting that Arthur, the executor, might be aware of other assets or had perhaps moved them, the bank could petition the court for a scire fieri inquiry. This would legally compel Arthur to provide a full accounting and disclose the location of all of Mr. Sterling's remaining property, such as hidden bank accounts, valuable artwork stored elsewhere, or other investments, to ensure the bank's debt could be satisfied.

  How this illustrates the term: Here, a creditor (the bank) is trying to recover a debt from a deceased person's estate. The sheriff's inability to find assets triggers the need for a scire fieri inquiry, which then forces the executor (Arthur) to reveal the true extent and location of the estate's assets to fulfill the estate's obligations.