What is an Order Made Sua Sponte?

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 ones/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 it's 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 constituted as professional legal advice.

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