administration,n.1. The management or performance of the executive duties of a government,
institution, or business. 2. In public law, the practical management and direction of the executive
department and its agencies. [Cases: Administrative Law and Procedure 301–513. C.J.S. Public
Administrative Law and Procedure §§ 49–171.] 3. A judicial action in which a court undertakes
the management and distribution of property. • Examples include the administration of a trust, the
liquidation of a company, and the realization and distribution of a bankrupt estate. See JOINT
ADMINISTRATION. 4. The management and settlement of the estate of an intestate decedent, or
of a testator who has no executor, by a person legally appointed and supervised by the court. •
Administration of an estate involves realizing the movable assets and paying out of them any
debts and other claims against the estate. It also involves the division and distribution of what
remains. [Cases: Executors and Administrators 1–516. C.J.S. Executors and Administrators §§
2–98, 100–181, 183–877, 879–899, 935–966; Parent and Child § 259; Wills § 157.] —
administer,vb. — administrative,adj.
administration cum testamento annexo (k<<schwa>>m tes-t<<schwa>>-men-toh <<
schwa>>-nek-soh). [Latin “with the will annexed”] An administration granted when (1) a testator’s
will does not name any executor or when the executor named is incompetent to act, is deceased, or
refuses to act, and (2) no successor executor has been named or is qualified to serve. — Abbr. c.t.a.
— Also termed administration with the will annexed. [Cases: Ex-ecutors and Administrators 21.
C.J.S. Executors and Administrators §§ 947–948.]
administration de bonis non (dee boh-nis non). [Latin “of the goods not administered”] An
administration granted for the purpose of settling the remainder of an intestate estate that was not
administered by the former administrator. — Abbr. d.b.n. [Cases: Executors and Administrators
37. C.J.S. Executors and Administrators §§ 935–936, 946.]
administration de bonis non cum testamento annexo (de boh-nis non k<<schwa>>m
tes-t<<schwa>>-men-toh <<schwa>>-nek-soh). An administration granted to settle the remainder
of a testate estate not settled by a previous administrator or executor. • This type of administration
arises when there is a valid will, as opposed to an administration de bonis non, which is granted
when there is no will. — Abbr. d.b.n.c.t.a.
administration durante absentia (d[y]uu-ran-tee ab-sen-shee-<<schwa>>). An administration
granted during the absence of either the executor or the person who has precedence as
administration durante minore aetate (d[y]uu-ran-tee mi-nor-ee ee-tay-tee). An administration
granted during the minority of either a child executor or the person who has precedence as
administration pendente lite (pen-den-tee lI-tee). An administration granted during the
pendency of a suit con-cerning a will’s validity. — Also termed pendente lite administration;
special administration. See PENDENTE LITE. [Cases: Executors and Administrators 22. C.J.S.
Executors and Administrators §§ 951–952, 954–956.]
administration with the will annexed.See administration cum testamento annexo.
ancillary administration (an-s<<schwa>>-ler-ee). An administration that is auxiliary to the
administration at the place of the decedent’s domicile, such as one in another state. • The purpose
of this process is to collect assets, to transfer and record changed title to real property located there,
and to pay any debts in that locality. — Also termed foreign administration. [Cases: Executors and
Administrators 518–526. C.J.S. Executors and Ad-ministrators §§ 916–935.]
“The object of ancillary administration is to collect assets of nonresident decedents found
within the state and remit the proceeds to the domiciliary executor or administrator…. One of the
principal purposes of ancillary ad-ministration is to protect local creditors of nonresident
decedents by collecting and preserving local assets for their benefit.” 31 Am. Jur. 2d Executors
and Administrators §§ 1057–1058, at 686 (2002).
caeterorum administration (set-<<schwa>>-ror-<<schwa>>m). [Latin “of the rest”] An
administration granted when limited powers previously granted to an administrator are inadequate
to settle the estate’s residue.
domiciliary administration (dom-<<schwa>>-sil-ee-er-ee). The handling of an estate in the
state where the de-cedent was domiciled at death.
foreign administration.See ancillary administration.
general administration.An administration with authority to deal with an entire estate. Cf.
limited administration.An administration for a temporary period or for a special purpose.
[Cases: Executors and Administrators 22. C.J.S. Executors and Administrators §§ 951–952,
original administration.An administration that is not ancillary to a domiciliary administration.
pendente lite administration.See administration pendente lite.
public administration.In some jurisdictions, an administration by an officer appointed to
administer for an intestate who has left no person entitled to apply for letters (or whose possible
representatives refuse to serve). [Cases: Executors and Administrators 24.]
special administration. 1. An administration with authority to deal with only some of a
decedent’s property, as opposed to administering the whole estate. 2. See administration pendente
lite. Cf. general administration. [Cases: Executors and Administrators 22. C.J.S. Executors and
Administrators §§ 951–952, 954–956.]
temporary administration.An administration in which the court appoints a fiduciary to
administer the affairs of a decedent’s estate for a short time before an administrator or executor can
be appointed and qualified. [Cases: Executors and Administrators 22. C.J.S. Executors and
Administrators §§ 951–952, 954–956.] [Blacks Law 8th]