Administration refers to the management of a government, institution, or business. It can also pertain to the management and allocation of property, such as a trust or a bankrupt estate, in legal terms. In cases where an individual passes away without a will, their estate is overseen by an administrator appointed by the court. Various forms of administration exist, including ancillary administration for assets located in a different state, and limited administration for a specific duration or purpose. Administration pendente lite is a type of administration granted during a lawsuit concerning the legitimacy of a will.
Administration pendente lite, also known as special administration, is a judicial action where a court assumes control over the management and distribution of property during a lawsuit that questions the validity of a will. For instance, a court may appoint a special administrator to handle the estate of a deceased individual while a lawsuit is in progress to determine the legitimacy of their will. The special administrator’s role is to oversee the estate’s affairs until the court determines the rightful executor or administrator. This temporary measure is necessary to ensure proper management of the estate while the lawsuit is ongoing, as the true executor or administrator cannot be determined until the case is resolved. The special administrator appointed by the court has limited powers and is solely responsible for managing the estate during the lawsuit. Once the lawsuit concludes, a permanent executor or administrator will be appointed to handle the estate’s affairs.
Administration Pendente Lite, also known as temporary administration, is a legal process where a court appoints an administrator to manage the affairs of an estate during the period between the death of the estate owner and the appointment of a permanent administrator or executor.
This type of administration is necessary when there is a delay in appointing a permanent administrator or executor, typically due to disputes or challenges regarding the estate’s administration or the appointment of an executor.
Any interested party, such as a beneficiary or creditor, can apply for Administration Pendente Lite. The court will consider the qualifications and suitability of the applicant before making a decision.
The duration of Administration Pendente Lite varies depending on the circumstances of the case. It typically lasts until a permanent administrator or executor is appointed or until the issues causing the delay are resolved.
An administrator appointed during Administration Pendente Lite has limited powers to manage and preserve the estate’s assets. They can collect and secure the estate’s property, pay necessary expenses, and take actions to protect the estate’s interests.
Generally, an administrator appointed during Administration Pendente Lite does not have the authority to distribute assets. Their primary role is to maintain and preserve the estate until a permanent administrator or executor is appointed.
Yes, the court has the authority to remove an administrator during Administration Pendente Lite if they are found to be unfit, incompetent, or if there are valid reasons for their removal. The court will consider the best interests of the estate when making such a decision.
Yes, interested parties can challenge the appointment of an administrator during Administration Pendente Lite if they believe the appointed person is not suitable or if there are conflicts of interest. They can file a petition with the court to request a review of the appointment.
Yes, an administrator can be held liable for any misconduct or mismanagement of the estate during Administration Pendente Lite. Interested parties can bring a legal action against the administrator if they believe their actions have caused harm or loss to the estate.
Administration Pendente Lite ends when a permanent administrator or executor is appointed by the court or when the issues causing the delay are resolved. The administrator appointed during this period will then hand over the estate’s management to the permanent administrator or executor.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 16th April 2024.
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