When someone passes away, they may leave behind personal property, bank accounts or real estate. These assets become the estate of the person who has died (the “decedent”). Sometimes estate assets can be administered without the need of formal legal intervention. But when the law does require court involvement, the legal proceedings are called Probate. There is a chance you have found us because you have run into a problem handling the assets of someone close to you.
Common types of probate administration we handle are listed below–
Administration as ExecutorWhen a person dies with a valid Last Will and Testament the court will appoint an Executor to administer the estate. Dying with a Will, a person dies testate and may be referred to as a testator. The Executor is named in the Will. The court will issue Letters Testamentary which officially appoint the Executor.
Administration as AdministratorWhen a person dies without a Will, they are considered to have died intestate and the court will appoint an Administrator to administer the estate. The court will issue Letters of Administration which officially appoint the Administrator.
Administration as Administrator Cum Testamento AnnexoWhen a person dies testate (with a Will) and someone other than person named Executor is appointed to represent the estate, that person is an Administrator Cum Testamento Annexo. This simply means the estate is probated with the Will annexed. This type of administration commonly occurs when the named executor has either died or is unwilling or unable to serve.
Administration as Administrator De Bonis NonAn Administrator De Bonis Non refers to a subsequent Administrator appointed after an initial Executor or Administrator has been appointed. The literal translation is “goods not administered” and is used to appoint a new Administrator to administer remaining assets in an estate when the prior representative has left for whatever reason.
Administration as Administrator De Bonis Non Cum Testamento Annexo or Administrator D.B.N.C.T.A.This type of administration specifically refers to an Administration De Bonis Non where the decedent died testate, so the “Will is annexed”.