Definition
De bonis non is a shortened form of the Latin phrase *de bonis non administratis*, meaning "of the goods not administered." It refers to a type of letters of administration granted by a probate court when an original administrator or executor dies, is removed, or otherwise fails to complete administration of an estate before all assets have been distributed. The administrator de bonis non (or administrator d.b.n.) is appointed to complete what the prior personal representative left unfinished — specifically, to administer the remaining unadministered assets of the decedent's estate.
Where the prior representative was an executor named in a will, the successor appointment is styled administrator de bonis non cum testamento annexo (d.b.n.c.t.a.) — "of the goods not administered, with the will annexed" — combining the de bonis non function with the annexed-will form of administration. In common shorthand, practitioners and courts often use "d.b.n." or "de bonis non" to cover both forms.
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Common Confusion
De bonis non is frequently conflated with administrator cum testamento annexo (c.t.a.), but the two are distinct. A c.t.a. appointment arises when there is a will but no executor able or willing to serve from the outset — no prior administration has begun. A de bonis non appointment arises mid-stream, after a prior personal representative has already begun administration but left it incomplete. The combined form, d.b.n.c.t.a., is what courts appoint when both conditions apply: there is a will, a prior representative has died or been removed, and unadministered assets remain.
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Why It Matters in Research
The term appears in historical probate records almost exclusively in abbreviated form — "d.b.n.," "de bon. non.," or "d.b.n.c.t.a." — and older clerks applied abbreviations inconsistently. Researchers working in colonial, antebellum, or nineteenth-century estate records must recognize all abbreviations as potentially signaling a successor administration, which can reveal earlier administrators whose records may exist in a separate filing.
De bonis non proceedings generate their own distinct court filings: a new petition, new bond, new letters, and often a new accounting. These are sometimes filed separately from the original administration file and indexed under the successor administrator's name rather than the decedent's. Researchers who search only under the decedent's name may miss significant portions of an estate record.
The scope of a de bonis non administrator's authority was historically contested. Courts generally held that a d.b.n. administrator could not reopen or disturb acts already fully completed by the prior administrator — only unadministered assets fell within the appointment. This limitation is significant when tracing asset chains: if a prior administrator sold property before removal, that sale typically stands regardless of the d.b.n. appointment.
Jurisdictional statutes governing who qualifies for a d.b.n. appointment, and whether the original will controls priority of appointment, varied considerably across American states through the nineteenth century. State probate codes increasingly codified these rules during the mid-to-late 1800s, so the applicable law may shift depending on when and where the estate was opened.
In equity practice, the term also appeared in suits where an estate was being administered in chancery: a bill might be brought by or against an administrator de bonis non to resolve claims against unadministered assets. Researchers in equity records should watch for the designation as a party description, not merely a probate filing.
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Historical Dictionary Support
All five source dictionaries treat de bonis non as a pure abbreviation entry, uniformly directing readers to the full form *de bonis non administratis* or to cross-reference entries on Administration and Grant. Black's (both editions) and Burrill cite 1 Strange 34 as authority, a reference to the English King's Bench reporter. Bouvier refers readers to his Administration entry without independent elaboration. Rapalje & Lawrence point to Administration and Grant entries.
This unanimous cross-referencing approach reflects the term's status as functional shorthand rather than an independent doctrinal concept. The historical dictionaries offer no substantive definition at this entry and provide no guidance on the d.b.n.c.t.a. combined form, the scope of the administrator's authority, or the procedural mechanics of successor appointments. Researchers relying solely on these dictionary entries will need to pursue the cross-referenced Administration entries, and even those vary in depth across the different dictionary editions. The 1 Strange 34 citation appearing in Black's and Burrill is a consistent point of reference for the phrase's English common law grounding.
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Jurisdictional Note
American states codified their own rules for de bonis non appointments in probate codes that diverged from English common law practice in important respects, particularly regarding priority among heirs and creditors seeking the appointment. Louisiana's civil law system uses distinct terminology and procedures for analogous successor administration. Researchers should identify the governing state statute at the time of the estate opening rather than assuming uniform common law rules apply.
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Encyclopedia Cross-Reference
See Law Mind Encyclopedia — Administration of Estates; Letters of Administration; Executor and Administrator
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