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De Bonis Non
Assets not yet administered.

Latin and short for de bonis non administratis.

An administration of an estate that picks up where a former executor or administrator left off. Sometimes, personal representatives, either administrators or executors, are unable to complete and wind-up and estate. For example, they may themselves die during the course of administration; or become incapable or handicapped or even removed by the Court.

An administrator de bonis non steps in and takes over an existing estate or revives a closed estate where, for example, previously unknown assets surface after a previous executor or administrator has been discharged.

In 1943, Justice Rossman of the Oregon Supreme Court of Oregon used these words;

"An administrator de bonis non may be appointed after any lapse of time, if his appointment is needed to complete the administration of the estate.

"It is well settled that an administrator de bonis non is the proper course to pursue when it is discovered that the assets of the estate remain unadministered and the former executor or administrator has been discharged."

REFERENCES:

  • In Re Hattrem's Estate, 135 P. (2d) 777 (1943)

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Unless otherwise noted, this article was written by Lloyd Duhaime, Barrister, Solicitor, Attorney and Lawyer (and Notary Public!). It is not intended to be legal advice and you would be foolhardy to rely on it in respect to any specific situation you or an acquaintance may be facing. In addition, the law changes rapidly and sometimes with little notice so from time to time, an article may not be up to date. Therefore, this is merely legal information designed to educate the reader. If you have a real situation, this information will serve as a good springboard to get legal advice from a lawyer.

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