Administration Durante Minore Aetate Law and Legal Definition

Administration durante minore aetate means an administration where a person entitled to administer an intestate estate was under a certain age. For example, administration granted during the minority of either a child executor or the person who has precedence as administrator. In such situations, an adult would be appointed as administrator durante minore aetate to administer the estate on his/her behalf.

In In re Stollings' Estate, 82 W. Va. 18 (W. Va. 1918), the court observed that “West Virginia statutes contain no express provision regarding the subject of administration in those cases in which the distributees are infants but they are general and comprehensive and bear clear evidence of legislative intention to make them cover the entire subject of administration. They fix the probate and administrative jurisdiction and determine in concise and broad terms, the eligibility of persons and the preferences to be accorded. Preference is given to distributees without limitation or exception on the ground of infancy or any other save lack of personal fitness of the applicant and his inability to give bond, and this exception appears only by implication. Even that does not wholly destroy the right, for, in such cases, the distributee has a right of nomination. Allowance of this right to an infant distributee harmonizes with the spirit and purpose of the statute and brings him within the scope of its general terms giving preference to distributees. It also harmonizes with the practice of courts generally in the grant of administration durante minore aetate. In such cases, the right of administration was generally held to be in the person who stood nearest the party entitled to the estate, in blood, affection and interest, if he was a suitable person. In such cases, the right of administration was generally held to be in the person who stood nearest the party entitled to the estate, in blood, affection and interest, if he was a suitable person.”