administration of estates

The management and settlement of the estate of an intestate decedent, or of a testator who has no executor, performed under the supervision of a court, by a person duly qualified and legally appointed, and usually involving:

(1) the collection of the decedent's assets;

(2) payment of debts and claims against the estate;

(3) payment of estate taxes;

(4) distribution of the remainder of the estate among those entitled thereto.

The administration of an estate runs from the date of an individual's death until all assets have been distributed and liabilities paid. Such administration is conducted by an administrator or an executor.

See administrator

- letters of administration.

Administration of estates is principally of the following kinds:

Ad colligendum bona defuncti.

To collect the goods of the deceased. Special letters of administration granted to one or more persons, authorizing them to collect and preserve the goods of the deceased

Ad prosequendum

An administrator appointed to prosecute or defend a certain action (e.g. wrongful death) or actions in which the estate is concerned.

Ancillary administration

Ancillary administration is auxiliary and subordinate to the administration at the place of the decedent's domicile; it may be taken out in any foreign state or country where assets are locally situated, and is merely for the purpose of collecting such assets and paying debts there.

Cum testamento annexe (CTA).

Administration with the will annexed. Administration granted in cases where a testator makes a will without naming any executors; or where the executors who are named in the will are incompetent to act, are deceased, or refuse to act.

Administration de bonis non (DBN).

Administration granted for the purpose of administering such of the goods of a deceased person as were not administered by the former executor or administrator.

De bonis non cum testamento annexo (DBNCTA).

That which is granted when an executor dies leaving a part of the estate unadministered.

Durante absentia.

That which is granted during the absence of the executor and until he has proved the will.

Durante minori state.

Exists where an infant is made executor, in which case administration with will annexed is granted to another during the minority of such executor, and until he shall attain his lawful age to act.

Foreign administration.

That which is exercised by virtue of authority properly conferred by a foreign power.

General administration.

The grant of authority to administer upon the entire estate of a decedent, without restriction or limitation, whether under the intestate laws or with the will annexed.

Administration pendente lite.

Administration granted during the pendency of a suit touching the validity of a will.

Public administration

Public administration is such as is conducted (in some jurisdictions) by an officer called the public administrator, who is appointed to administer in cases where the intestate has left no person entitled to apply for letters.

Special administration

Authority to administer upon some few particular effects of a decedent, as opposed to authority to administer his whole estate