What Is an Administrator dbn in New York Surrogate’s Court?
If a New York estate is already in administration—and the person appointed to handle it can’t finish the job—the Surrogate’s Court may appoint a replacement fiduciary called an Administrator dbn (short for administrator de bonis non).
In plain English: an Administrator dbn is a successor administrator appointed to complete an unfinished estate administration.
What is the meaning of Administrator dbn” (de bonis non)
“De bonis non” is Latin meaning, essentially, “of the goods not administered.” It refers to the assets and tasks left undone when the prior administrator’s appointment ends before the estate is fully wrapped up.
When Is an Administrator dbn Needed?
A d.b.n. appointment typically comes up when the prior administrator’s office becomes vacant—for example, if the administrator:
The Surrogate’s Court uses this process to keep an estate moving forward instead of leaving it stalled midstream.
What Does an Administrator d.b.n. Do?
An Administrator d.b.n. steps into the role to finish what remains, such as:
- locating and securing remaining estate assets
- collecting funds owed to the estate
- paying valid debts and administration expenses
- handling tax-related tasks (when needed)
- completing distributions to heirs (distributees)
- preparing and resolving estate accounting issues (if required)
The Administrator d.b.n.’s authority comes from the Letters of Administration d.b.n. issued by the Surrogate’s Court.
How Is an Administrator dbn Appointed?
In New York, the appointment is typically made by filing a petition for Letters of Administration d.b.n. in the Surrogate’s Court where the estate proceeding is pending.
While the exact requirements can vary by county and by the facts of the case, the process often includes:
- Preparing and filing the petition
- Notifying required parties (or obtaining written consents/waivers where permitted)
- Addressing bond (if the court requires one)
- Receiving a court decree and then the Letters appointing the Administrator d.b.n.
Bond note (important)
If the estate was partially administered, courts often focus the bond (when required) on the value of assets that remain unadministered.
Administrator d.b.n. vs. Executor, Administrator, and Administrator c.t.a.
Surrogate’s Court titles can be confusing. Here are the differences:
- Administrator (intestacy): appointed when someone dies without a will.
- Executor (testate): named in a will to administer the estate.
- Administrator c.t.a. (“with will annexed”): appointed when there is a will, but no executor is able or willing to serve.
- Administrator d.b.n.: appointed after a prior administrator’s role ends before completion, to finish the administration.
Common Reasons Estates Get Stuck (and a d.b.n. becomes necessary)
- The original administrator died midstream
- The administrator resigned or stopped acting
- The court removed the administrator after disputes or noncompliance
- New assets were discovered after partial administration
- Distributions were never completed
- Accounting issues weren’t resolved
FAQ
No. In Surrogate’s Court, dbn refers to de bonis non—a successor administrator. It has nothing to do with a business trade name.
No. The purpose is to continue and complete the existing estate administration.
Often yes, depending on eligibility, priority among distributees, and whether the appointment is contested. The court may also require consents, waivers, or a bond, depending on the situation.
When to Speak With a NYC Probate Attorney
A d.b.n. proceeding can be straightforward—or it can become contested quickly, especially when there are disputes, missing assets, or accounting issues. A probate attorney can help you:
- confirm eligibility and priority to serve
- prepare the petition and supporting documents
- handle required notice, consents, and waivers
- address bond and objections
- move the matter toward issuance of Letters and completion of distributions
This article is for general informational purposes an
For more information, please contact NYC Probate Litigation, Guardianship, Probate, and Estate Planning attorney Regina Kiperman:
Phone: 917-261-4514
Fax: 929-556-2089
Email: rkiperman@rklawny.com
Or visit her at:
40 Wall Street
Suite 2508
New York, NY 10005
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