A guardian ad litem is appointed to represent a party lacking capacity for the duration of the action. An administrator ad litem may be appointed where an estate has no representative for the litigation.

The appointment ends with the action.

Alternative Names:

For the Litigation|For the Suit

Why it Matters?

Administrator ad litem appointments solve the problem of suing or defending an estate with no active representative, which arises where a decedent's estate was never opened or was closed before a claim surfaced. Without the appointment there is no party capable of being sued. Identifying that gap early prevents a limitations problem while the appointment process runs.

Frequently Confused with

Related terms

Frequently asked questions

What problem does an administrator ad litem solve?

What problem does an administrator ad litem solve?

Suing or defending an estate that was never opened or was closed before the claim surfaced, leaving no party to sue.

How long does the appointment last?

How long does the appointment last?

For the duration of the particular action, ending when the litigation concludes.