When someone passes away, their estate must go through probate if they left behind a will. However, sometimes a deceased person does not have a will or the will they made is too outdated to be an accurate representation of their assets. In such instances, the court appoints an administrator de bonis non cum testamento annexo (Latin for “administrator of estate without accompanying will”) to oversee the person’s estate and ensure that its assets are distributed according to the law.
Administrators de bonis non cum testamento annexo typically are tasked with identifying the deceased person’s assets, paying off their outstanding liabilities, and distributing any remaining assets in accordance with the law. This process can be complex as administrators may have to make decisions about the deceased person’s assets while navigating different state or local laws. It is important for administrators to be aware of all applicable laws and to be familiar with any specific details of the deceased person’s estate.
As an example, let’s say that an elderly person passes away without leaving a will. To manage distribution of their estate, the court may appoint an administrator de bonis non cum testamento annexo. This person would then take inventory of the deceased person’s assets and may need to contact their banks, retirement accounts, creditors, and other businesses to make sure all of their liabilities were taken care of. From there, the administrator would work to distribute whatsoever remained to the person’s closest relatives. This process can take a significant amount of time and can become very complex if there are numerous assets or creditors to attend to.
Conclusion
When someone passes away without leaving behind an up-to-date will, an administrator de bonis non cum testamento annexo may be appointed by the court to handle the deceased person’s affairs. It is the responsibility of this person to identify the deceased person’s assets, pay off any outstanding debts, and distribute any remaining assets according to the laws of the local jurisdiction. Taking on this role can be a tumultuous process and requires a deep understanding of the applicable laws as well as a sound understanding of the deceased person’s estate.