Grant of Administration De Bonis Non UK (2026): What Happens When the Personal Representative Dies Mid-Administration

A grant of administration de bonis non (abbreviated 'de bonis non' or 'd.b.n.') is a grant of representation that is needed when the original personal representative (executor or administrator) dies before completing the administration of the estate, leaving assets unadministered: (1) THE LATIN MEANING: 'de bonis non' is short for 'de bonis non administratis' — Latin for 'of goods not yet administered.' The grant covers only the unadministered assets that remain outstanding at the time of the original personal representative's death; (2) WHEN IT ARISES: a de bonis non grant is needed in the following scenarios: (a) SOLE ADMINISTRATOR DIES MID-ADMINISTRATION: an administrator is appointed by letters of administration (e.g. on intestacy or where all executors have renounced). The administrator completes some of the administration (collects some assets, pays some debts) but dies before finalising the estate. A de bonis non grant is required to deal with the remaining assets; (b) SOLE EXECUTOR DIES MID-ADMINISTRATION AND NO CHAIN OF REPRESENTATION: the sole executor (who took out a grant of probate and was therefore the personal representative) begins administering the estate but dies before completion. If the executor's own will names a different executor, the chain of representation may apply (see below). If no chain applies, a grant of administration with will annexed de bonis non (letters of administration c.t.a. d.b.n.) is required; (3) DISTINCTION FROM 'CHAIN OF REPRESENTATION': an executor's own executor can continue administering the original estate through the 'chain of representation' — as long as the chain is unbroken. The chain applies ONLY to executors, not to administrators. If the original personal representative was an ADMINISTRATOR (not an executor with a grant of probate), there is no chain — a de bonis non grant is always required; (4) DISTINCTION FROM LETTERS OF ADMINISTRATION WITH WILL ANNEXED (c.t.a.): a grant of administration with will annexed (c.t.a.) is granted when there is a will but no executor able to act — e.g. because all executors have died or renounced before any grant was obtained. A de bonis non grant is different — it is obtained MID-ADMINISTRATION, after some administration has already occurred; (5) PRACTICAL FREQUENCY: de bonis non grants are relatively uncommon but are encountered: (a) in complex, long-running administrations (e.g. large estates with many assets or ongoing litigation); (b) where a sole administrator was elderly or ill; (c) in historical estates where administration has been dormant for years and assets remain uncollected.

The priority of persons entitled to apply for a de bonis non grant follows the Non-Contentious Probate Rules 1987 (NCPR) r.20 for intestate estates and r.20(4) where there was a will: (1) WHERE THE ORIGINAL DECEASED DIED INTESTATE AND THE ADMINISTRATOR DIES MID-ADMINISTRATION: the persons entitled to apply for letters of administration de bonis non follow the priority in NCPR r.22 (the same order as for the original grant on intestacy): (a) surviving spouse or civil partner; (b) children or issue; (c) parents; (d) full siblings or their issue; (e) half-siblings or their issue; (f) grandparents; (g) uncles and aunts (full blood) or their issue; (h) uncles and aunts (half blood) or their issue; (i) the Crown (bona vacantia); The applicant must be a person with a beneficial interest in the residuary estate of the deceased (not just the administrator's estate); (2) WHERE THE ORIGINAL DECEASED LEFT A WILL AND THE EXECUTOR/ADMINISTRATOR DIES MID-ADMINISTRATION: if an executor dies mid-administration (without chain of representation applying), letters of administration with will annexed de bonis non (c.t.a. d.b.n.) are required. The priority of applicants follows NCPR r.20(4): residuary beneficiaries of the original will take priority, followed by other beneficiaries; (3) PERSONS WITH EQUAL PRIORITY: where multiple persons have equal priority, the court may grant to all of them jointly, or any one or more of them — the court has discretion. A person with priority who does not wish to apply may renounce or consent to the grant being made to another person with priority; (4) PROTECTION FOR MINOR BENEFICIARIES AND PERSONS UNDER DISABILITY: if the only persons entitled are minors (under 18) or lack mental capacity, a grant may be made to a person appointed by the court to act on their behalf — or to a trust corporation; (5) NO AUTOMATIC ENTITLEMENT FOR THE DECEASED ADMINISTRATOR'S PERSONAL REPRESENTATIVES: the deceased administrator's own personal representatives do NOT have automatic entitlement to apply for the de bonis non grant — unless they are also beneficiaries of the original estate. The de bonis non grant is a fresh appointment to deal with the unadministered estate.

The chain of representation is a common law rule (now codified in the Administration of Estates Act 1925 s.7) that allows a sole proving executor's own executor to step into the shoes of the original executor and continue administering the estate: (1) THE RULE — AEA 1925 s.7: where a sole or last surviving executor of the estate of A proves A's will and dies themselves before completing the administration of A's estate, the executor of the sole proving executor (B's executor) becomes the executor of A's estate — provided they have obtained a grant in respect of B's estate. This chain continues indefinitely; (2) THE REQUIREMENTS FOR THE CHAIN TO APPLY: (a) the original personal representative must have been an EXECUTOR with a grant of probate — not an administrator with letters of administration; (b) the executor who died must have been the SOLE or LAST SURVIVING proving executor; (c) the deceased executor's own will must appoint an executor who proves the will. If the deceased executor died intestate, the chain breaks and a de bonis non grant is needed; (d) the chain is unbroken — each link in the chain must be an executor with a grant; (3) THE CHAIN BREAKS IN THE FOLLOWING CIRCUMSTANCES: (a) any person in the chain dies intestate; (b) a person in the chain is an administrator (not an executor); (c) there are two or more executors and both die (the chain only applies to the SOLE or LAST SURVIVING executor — not to one of several co-executors); (4) PRACTICAL SIGNIFICANCE: the chain of representation avoids the administrative burden and cost of a de bonis non grant. Where the original estate is being administered by a single executor, a well-drafted will that names executors who also name executors in their own wills can maintain the chain across multiple deaths; (5) WHEN CHAIN BREAKS — WHAT HAPPENS: when the chain of representation breaks, the persons entitled under NCPR r.20/22 must apply for a de bonis non grant. The assets already administered by the deceased personal representative have been dealt with. The de bonis non grant covers only the remaining unadministered assets. All acts done by the original personal representative before death remain valid and binding.

The de bonis non administrator's role and scope of authority are limited to the unadministered assets remaining at the time of the original personal representative's death: (1) SCOPE OF THE GRANT — UNADMINISTERED ASSETS ONLY: the de bonis non grant covers only assets that were NOT dealt with by the original personal representative before their death. Assets already collected, distributed, or appropriated before the original PR's death are not within the scope of the de bonis non administrator's authority; (2) IDENTIFYING THE UNADMINISTERED ESTATE: the de bonis non administrator must identify what assets remain outstanding: (a) bank accounts not yet collected; (b) properties not yet sold, transferred, or assented; (c) investments or shares not yet dealt with; (d) debts and legacies not yet paid; (e) any ongoing litigation or claims; (3) APPLYING FOR THE GRANT — PRACTICAL STEPS: the application for letters of administration (or c.t.a.) de bonis non is made to the Probate Registry in the same way as an original grant application. The applicant must: (a) file the PA1A (intestacy) or PA1P (probate) application; (b) provide the death certificate of the original personal representative; (c) provide an oath or statement of truth explaining the need for the de bonis non grant; (d) state the estimated value of the unadministered estate; (e) pay the probate fee; (4) OUTSTANDING LEGAL PROCEEDINGS: if the original personal representative was a party to litigation on behalf of the estate, the de bonis non administrator can be substituted as the party to continue the proceedings (under the court's powers to substitute parties where a party has died); (5) RELATIONSHIP TO THE ORIGINAL ADMINISTRATION: the de bonis non administrator inherits the incomplete administration — they must deal with the assets as if they were the original personal representative, paying any outstanding debts, expenses, and legacies before distributing the residue to the beneficiaries entitled under the will or intestacy. All acts of the deceased original PR remain valid; (6) AVOIDING THE NEED FOR A DE BONIS NON GRANT — PRACTICAL ADVICE: to avoid the need for a de bonis non grant (and the associated cost and delay), testators should: (a) appoint two or more executors (two proving executors means the survivor continues without a chain or de bonis non issue); (b) include substitutionary executor clauses (naming a substitute if a named executor cannot act); (c) appoint a trust corporation as co-executor or sole executor, as they cannot die.

The de bonis non grant sits within a family of grants, each applicable in different circumstances: (1) COMPARISON TABLE — KEY GRANTS WHEN A PR DIES: (a) LETTERS OF ADMINISTRATION (original grant): where the deceased died intestate and no executor appointed. Granted to persons in priority order under NCPR r.22; (b) GRANT OF PROBATE (original grant): where the deceased left a valid will appointing an executor who accepts; (c) LETTERS OF ADMINISTRATION WITH WILL ANNEXED (c.t.a.): where there is a will but no executor can act — all executors have died before any grant, or all have renounced or had power reserved before any grant. Residuary beneficiaries have priority; (d) LETTERS OF ADMINISTRATION DE BONIS NON: where the original administrator (intestacy) dies mid-administration leaving an unadministered estate. A fresh grant to persons with priority; (e) LETTERS OF ADMINISTRATION WITH WILL ANNEXED DE BONIS NON (c.t.a. d.b.n.): where the original executor with a grant dies mid-administration (no chain applies). A fresh grant to residuary beneficiaries or other persons with priority — covers only unadministered assets; (f) CHAIN OF REPRESENTATION: not a formal grant application — the deceased executor's own executor steps in automatically by virtue of their own grant in the deceased executor's estate. Avoids the need for any fresh grant; (2) THE KEY DISTINCTIONS AT A GLANCE: (a) HAS A GRANT ALREADY BEEN ISSUED IN THE ORIGINAL ESTATE? — Yes → de bonis non application; No → original application (c.t.a. or letters of administration); (b) WAS THE ORIGINAL PR AN EXECUTOR OR ADMINISTRATOR? — Executor → check chain of representation first; Administrator → de bonis non always required; (c) HAS THE CHAIN BEEN BROKEN? — If unbroken → no fresh grant needed; If broken → de bonis non required; (3) RENUNCIATION AND POWER RESERVED — DISTINGUISHED: where an executor renounces before taking any steps to administer the estate (before any grant is issued), the estate is administered by other executors or, if none, a c.t.a. application. Where an executor has power reserved (no grant taken yet), they can still apply to prove and take out a grant later. This is distinguished from the de bonis non situation where a grant HAS been taken and the PR has begun administering.