Grant de Bonis Non, in full Grant de bonis non administration, is a legal term which applies to estate business. This kind of grant is given when the initial personal representative or the administrator of the estate is either unable or unwilling to go through with the process of administration leaving some part of the estate unadministered. The grant enables a new administrator to come in and finish the management of the rest of the estate property.
What is a Grant de Bonis Non?
A Grant de Bonis Non is required where an estate has not been fully dealt with by the executor or administrator because the latter has died, resigned, or has been removed from the position. This grant is made by the probate court to order a new administrator to be appointed and the new administrator is called the “administrator de bonis non” for the unadministered portion of the estate.
When is a Grant de Bonis Non Required?
A Grant de Bonis Non is typically required in the following situations:
Death of the Original Executor/Administrator:
When a person who was appointed executor or administrator dies before handling all the processes, a Grant de Bonis Non is required to fill in the position.
Resignation or Removal:
To preserve the continuity of the process, if the original executor or administrator resigns or if they obtained a dismissal from the court, then another administrator must be appointed.
Incomplete Administration:
Where the original executor or administrator has not fully complemented the administration of estate and there is still part of the estate that has not been administered then they called for Grant de Bonis Non.
Incapacity:
Sometimes the original executor or administrator may die, or he may become incapacitated to carry out the function hence there may be appointment of a new administrator.
Procedure of Obtaining a Grant de Bonis Non
The process of obtaining a Grant de Bonis Non involves several steps:
Application to the Probate Court:
The court submits a petition for Grant de Bonis Non to probate court so that the deceased person’s property can be administered through a personal representative. The petition should contain information about the unadministered estate and practical explanations as for why the original executor cannot perform the administration.
Appointment of a New Administrator:
The court then looks at the petition and orders the appointment of a new administrator different from the previous one to manage the unadministered estate and referred to as the “administrator de bonis non.”
Notification and Bonding:
The new administrator may be compelled to make some announcements such as to the beneficiaries and other stakeholders stating that they are now the administrator of the trust. At times, they may also be forced to deposit a bond with a view of compliance to their duty.
Administration of Unadministered Assets:
The administrator de bonis non is the one who has the responsibility of realizing the remaining property of the estate as per the provisions of the will if one was made or else laws of intestate succession if there was no will.
Responsibilities of the Administrator de Bonis Non
The administrator de bonis non has several key responsibilities:
Asset Identification:
Discovery of all the other assets of the estate which have not been dealt currently.
Asset Management:
Using techniques that ensure that the assets are not depleted before being distributed to the stakeholders.
Debt Settlement:
Settling of any bills, dues, claims and any other form of indebtedness of the estate.
Distribution:
Disposing off the rest of the property and tangible personality to the heirs as provided in the will or legal real heirs act.
Reporting:
Providing regular updates to the court and beneficiaries regarding the status of the estate administration.
The Grant de Bonis Non is an important legal instrument in the course of estate administration so that its process can go on despite some unavoidable situations. The probate court also assists in appointing a new administrator for the management and distribution of the unadministered assets thus enabling the decedent’s wish on the distribution of wealth to the beneficiaries be met.