Legal Terminology Fifth Edition

1. Legal TerminologyFifth Edition by Gordon W. Brown PowerPoints prepared by Kimberly Lundy

2. Chapter 26 Personal Representative of the Estate

3. Estate Settlement • Personal Representative – appointed by the court to settle the estate and act in a fiduciary capacity (position of trust). • Appointing court may be called Surrogate’s Court, Orphan’s Court, Prerogative Court, Probate Court, Family Court, or Court of Ordinary.

4. Titles of Personal Representatives • Executor or executrix – representative nominated in decedent’s will. • Administrator or administratrix– person appointed by court to administer estate of intestate.

5. Successor Personal Representatives • If a personal representative cannot fulfill their obligations, court appoints a new administrator referred to as a Successor Personal Representative under the Uniform Probate Code.

6. Types of Successor Personal Representatives • Administrator de bonis non (administrator d.b.n.) • Appointed to complete settlement of estate where previous administrator died, resigned, or was removed.

7. Types of Successor Personal Representatives • Administrator cum testamento annexo(administraor c.t.a.) • Appointed to administer testate estate where no executor is nominated or person nominated cannot serve. • Also called administrator with the will annexed(administrator w.w.a.)

8. Types of Successor Personal Representatives • Administrator de bonis non cum testamento annexo (administrator d.b.n.c.t.a.) • Appointed to replace previous executor or administrator c.t.a. who has died, resigned, or been removed.

9. Particular-Purpose Administrators • Special Administrator – appointed by court to handle estate for a limited time. • Public Administrator – official who administers estate of one who dies intestate with no relative or heirs entitled to act. • Voluntary Administrator – undertakes informal administration of a small estate, known as summary administration.

10. Particular Purpose Administrators • Ancillary administrator • Appointed by court to handle affairs of a decedent in a foreign state. • Administrator pendent lite (pending suit) • Temporary administrator appointed by court to protect estate assets in a will contest (suit over allowance or disallowance of a will).

11. Particular Purpose Administrators • Administrator ad litem (for the suit) – appointed by the court to supply a necessary party to a suit in which the estate has an interest. • Executor de son tort – person who performs the duties of an executor without authority to do so.