Sua sponte is another one of those fun Latin phrases that courts like to use. So, what does it mean? Basically, it can be interpreted as meaning, 'of one's/its own accord'. And it describes an act of the court taking authority in a case where there may not be a motion or request from the parties involved. It is sometimes necessary for the court to use this method to obtain the sufficient amount of information needed in order to make a ruling.
In the matter of estate administration, sua sponte can be used by the court from something as simple as ordering an accounting of a trust to removing an administrator outright. And in probate court, an accounting is going to be the best way to provide insight into most trust-related cases. It is held that probate court can use its general power to supervise administration of trusts to make these orders. This stand-alone order may also not be appealable.
Of course, one can avoid a court order via sua sponte by faithfully executing and administering a trust accordingly and accounting for all trust-related activities.
For advice on trust administration, please contact a professional Estate Administration Attorney.
*This blog entry was not written by an Attorney and should not be construed as professional legal advice.