Brown: Legal Terminology, 5 th ed. © 2008 Pearson Education, Upper Saddle River, NJ All Rights Reserved. Legal Terminology Fifth Edition by Gordon W. Brown PowerPoints prepared by Kimberly Lundy

Brown: Legal Terminology, 5 th ed. © 2008 Pearson Education, Upper Saddle River, NJ All Rights Reserved. Chapter 26 Personal Representative of the Estate

Brown: Legal Terminology, 5 th ed. © 2008 Pearson Education, Upper Saddle River, NJ All Rights Reserved. Estate Settlement oPersonal Representative – appointed by the court to settle the estate and act in a fiduciary capacity (position of trust). nAppointing court may be called Surrogate’s Court, Orphan’s Court, Prerogative Court, Probate Court, Family Court, or Court of Ordinary.

Brown: Legal Terminology, 5 th ed. © 2008 Pearson Education, Upper Saddle River, NJ All Rights Reserved. Titles of Personal Representatives oExecutor or executrix – representative nominated in decedent’s will. oAdministrator or administratrix – person appointed by court to administer estate of intestate.

Brown: Legal Terminology, 5 th ed. © 2008 Pearson Education, Upper Saddle River, NJ All Rights Reserved. Successor Personal Representatives oIf a personal representative cannot fulfill their obligations, court appoints a new administrator referred to as a Successor Personal Representative under the Uniform Probate Code.

Brown: Legal Terminology, 5 th ed. © 2008 Pearson Education, Upper Saddle River, NJ All Rights Reserved. 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.

Brown: Legal Terminology, 5 th ed. © 2008 Pearson Education, Upper Saddle River, NJ All Rights Reserved. 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.)

Brown: Legal Terminology, 5 th ed. © 2008 Pearson Education, Upper Saddle River, NJ All Rights Reserved. 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.

Brown: Legal Terminology, 5 th ed. © 2008 Pearson Education, Upper Saddle River, NJ All Rights Reserved. Particular-Purpose Administrators oSpecial Administrator – appointed by court to handle estate for a limited time. oPublic Administrator – official who administers estate of one who dies intestate with no relative or heirs entitled to act. oVoluntary Administrator – undertakes informal administration of a small estate, known as summary administration.

Brown: Legal Terminology, 5 th ed. © 2008 Pearson Education, Upper Saddle River, NJ All Rights Reserved. Particular Purpose Administrators oAncillary administrator nAppointed by court to handle affairs of a decedent in a foreign state. oAdministrator pendent lite (pending suit) nTemporary administrator appointed by court to protect estate assets in a will contest (suit over allowance or disallowance of a will).

Brown: Legal Terminology, 5 th ed. © 2008 Pearson Education, Upper Saddle River, NJ All Rights Reserved. Particular Purpose Administrators oAdministrator ad litem (for the suit) – appointed by the court to supply a necessary party to a suit in which the estate has an interest. oExecutor de son tort – person who performs the duties of an executor without authority to do so.