Pursuing Costs From An Estate With Insufficient Assets

If an estate matter is set to proceed to trial, and the estate has insufficient assets to satisfy the potential debt upon which an action is brought, various issues may arise not only for the potential creditor, but also the executor of the estate. While the potential creditor may be wondering how it will pursue costs or judgment if it succeeds at trial, the executor will in turn be considering how they will fulfill a costs award or satisfy judgment against the estate. These are important points to consider, as failing to do so could have significant personal repercussions for the executor.

Plene Adminstravit

If the executor establishes that the estate does not have any assets to satisfy potential debt(s), they must plea plene administravit on behalf of the estate. This Latin term, translated to "fully administered," is a doctrine and defence available to the executor when a creditor brings a claim against the estate, but there are insufficient assets in the