administrator ad prosequendum

What is administrator ad prosequendum? A clear definition with examples, FAQ and related legal terms.

An administrator ad prosequendum is a counselor appointed by a probate court to initiate and prosecute a case on behalf of the deceased person’s estate. Ad prosequendum is Latin for “during the prosecution.” A court typically appoints an administrator to pursue a claim …

administrator ad prosequendum — Definition and meaning

An administrator ad prosequendum is a counselor appointed by a probate court to initiate and prosecute a case on behalf of the deceased person’s estate. Ad prosequendum is Latin for “during the prosecution.” A court typically appoints an administrator to pursue a claim only if the person died intestate. An administrator ad prosequendum is most commonly appointed in cases involving wrongful death claims and actions that may impact the disbursement of a decedent’s estate. 

States limit the reach and eligibility of the administrator ad prosequendum through their individual probate codes. For example, in California family members of the decedent are typically appointed as the administrator of the decedent’s estate, but the court may appoint a neutral public administrator to handle the case if there are multiple individuals equally eligible. In New Jersey, an administrator may only bring a legal action in: 

• The county where the intestate resided before death, or
• If the intestate resided somewhere outside of New Jersey, the county where the accident occurred.

The importance of administrator ad prosequendum

administrator ad prosequendum appears in U.S. legal practice across multiple practice areas. Knowing what it means — and when it applies — can determine the outcome of motions, filings, and negotiations. For non-lawyers, the value of looking up a precise definition is that legal terms often carry meanings that differ from everyday usage; relying on the common meaning can lead to costly missteps.

How administrator ad prosequendum is applied

In practice, administrator ad prosequendum is invoked when parties, judges, or attorneys need to identify the legal status of an issue, the rights of those involved, or the procedural step required next. The definition shown above is sourced from Cornell LII Wex , which is widely cited in U.S. legal practice. Because U.S. law is jurisdictionally layered — federal, state, and sometimes local — the precise application of the term can vary by court, so check the controlling authority for your specific case.

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Source: Cornell LII Wex CC BY-SA 2.5

This page is provided for general informational purposes only and does not constitute legal advice. Laws change and definitions can vary by jurisdiction. Consult a licensed attorney for advice on your specific situation.

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