Kenneth Vercammen & Associates, P.C.
2053 Woodbridge Ave.
Edison, NJ 08817
(732) 572-0500

Tuesday, August 2, 2016

Administrator Ad Prosequendum In a Wrongful Death Case

Administrator AdProsequendum
If a suit for wrongful death is to be brought on behalf of an estate, anAdministrator AdProsequendummust be named.The action may be brought (1) in the Surrogates Court of the county where the intestate resided, or (2) if he/she lived outside the state, the Surrogates Court in which the accident resulting in the death occurred. Source:
Kenneth Vercammens law Office can assist personal injury attorneys and estate beneficiaries in the Administrator AdProsequendumand filing the necessary probate paperwork.
It is necessary at the outset to ascertain information in order to do an administration ad prosequendum.
1. Check the death certificate to determine which Surrogates Court has jurisdiction.
2. List all next-of-kin with names, addresses and if minors, the ages. If there are any deceased next-of-kin then their issue must be named. These next-of-kin all have equal right to serve. Determine who will serve and the others will need to signRenunciationsprepared by the Surrogates Court indicating that the applicant may serve.
3. List name and address of the defendant in the suit.
NOTE: If a Last Will and Testament exists, the named executor must bring the action afterqualifying as the executor in the Surrogates Court.
The applicant will appear before the Surrogate to execute anApplication forAdministration Ad Prosequendum,which must indicate the name and address of the defendant in the suit. He/she will sign anAuthorization to Accept Service of Process(Power of Attorney) in favor of the Surrogate empowering the Surrogate to accept service of process in any cause in which the fiduciary, in his or her capacity as, is party. If someone sues the estate and personal service cannot be affected, service of process may be made upon the Surrogate. The Surrogate must mail a copy of the process to the fiduciary at the address on the Authorization. The applicant signs theQualification of Administrator Ad Prosequendumaccepting this position and performing the duties of this position as law requires. AJudgmentis entered by the Surrogate Judge pursuant to whichLetters of Administration Ad Prosequendumare issued. The Letters give the authority to the Administrator Ad Prosequendum to bring the action and institute a proceeding or make a claim and the civil litigation may be pursued.
Any recovery which is obtained must be paid to the estate and must be administered properly. If Letters of Administration had been issued prior to the settlement, the administrator must return to the Surrogates Court to make application for an amendment of the estate value and post additional Surety Bond if required. If a general administration had not been done previously, an application for Letters of Administration and a Surety Bond must be filed. Source:

No comments: