An administrator ad prosequendum is 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.
[Last updated in October of 2024 by the Wex Definitions Team]