An Administrator d.b.n. (Administrator de bonis non with the will annexed) is a person or entity appointed to complete the administration of an estate when the previously appointed fiduciary (either an Executor or an Administrator) becomes unable or unwilling to continue before the estate's administration is finished. The term "de bonis non" literally translates to "of the goods not [yet administered]." This role often arises when a significant portion of estate assets or liabilities remains unaddressed due to the death, removal, or incapacity of the original Administrator or Executor.
This position is similar to an Administrator c.t.a. (cum testamento annexo), except the Administrator d.b.n. steps in after estate administration has already begun but was left incomplete. Examples include scenarios where the original Administrator passes away, becomes mentally incapacitated, or simply resigns, leaving the estate in limbo.
Eligibility to Serve as Administrator d.b.n.
In New York, Surrogate’s Court Procedure Act (SCPA) § 1001 governs the order of priority for appointing an Administrator d.b.n. The statutory list reflects a hierarchy based on familial proximity, similar to the priority list for initial estate administration:
- Surviving spouse
- Adult child
- Adult grandchild
- Parent
- Sibling
If none of these individuals are available or willing to serve, the court may look to more distant relatives or other interested parties, such as creditors of the estate or the Public Administrator. However, courts typically favor close family members whenever possible, as they are presumed to be most familiar with the decedent’s affairs and interests. In some cases, the court might appoint a public administrator, especially if family members are unavailable or unsuitable due to conflicts of interest or legal incompetency.
Duties and Powers of the Administrator d.b.n.
The Administrator d.b.n. is vested with the same legal authority and responsibilities as the original Administrator or Executor, with the primary difference being that they step in mid-process. These duties include:
- Collecting and Managing Assets: Just like an Executor, the Administrator d.b.n. must gather the remaining assets of the estate, whether they include real property, bank accounts, or personal belongings. If any assets have already been partially administered, the Administrator d.b.n. takes over from that point.
- Paying Debts and Taxes: The Administrator d.b.n. is responsible for ensuring that any outstanding debts, taxes, and administrative expenses (e.g., legal fees, court costs) are settled. Failure to meet these obligations could result in personal liability for the Administrator d.b.n., particularly if they distribute estate assets before resolving these issues.
- Distributing Assets: Once all debts and taxes have been satisfied, the Administrator d.b.n. must distribute the remaining estate assets to the beneficiaries. If the estate is intestate (no will), this distribution is done according to New York Estates, Powers, and Trusts Law (EPTL) § 4-1.1, which governs intestate succession. If there is a will, the assets are distributed according to its terms.
Practical Considerations in Appointing an Administrator d.b.n.
While the appointment of an Administrator d.b.n. is relatively straightforward, it may be complicated by family disputes, especially if the previously appointed fiduciary was removed for mismanagement or misconduct. The court may require a bond to ensure that the Administrator d.b.n. carries out their duties properly, and it will scrutinize their actions more closely if any prior irregularities are suspected.
Additionally, in some cases, multiple individuals might be eligible for appointment, leading to contested proceedings in Surrogate's Court. The court will weigh various factors in deciding who should serve, including the individual's relationship to the decedent, their competence, and any potential conflicts of interest.
Lastly, the Administrator d.b.n. may have to deal with resolving unfinished business left by the prior fiduciary, such as incomplete asset sales, pending litigation, or unresolved tax matters. In this sense, the Administrator d.b.n. must not only administer the remaining estate but also clean up any potential issues that have been left unresolved.
Conclusion
The role of the Administrator d.b.n. is essential for ensuring that an estate is fully administered when the original fiduciary cannot complete the task. While they step into an ongoing process, they assume all of the responsibilities of an Administrator or Executor, managing assets, paying debts, and distributing what remains to beneficiaries. Understanding this role's intricacies and legal framework can help ensure a smooth transition and completion of the estate administration process.
This article is for educational purposes only - to provide you general information, not to provide specific legal advice. Use of this post does not create an attorney-client relationship and information contained herein should not be used as a substitute for competent legal advice from a licensed local Queens estate attorney in NY or your state.
