1300-21
1316
Renewal claimants: next of kin. (cont'd)
1316.02
Will but no executor. (cont'd)
3)
If the author leaves a will which names no executor, or if the person named cannot or will not act as executor, the court may appoint an "administrator cum testamento annexo" (administrator with the will annexed: administrator c.t.a) who performs the identical functions of an executor. When the estate has been settled and the executor discharged, or when the executor is removed before the estate is completely administered, the court may appoint an "administrator de bonis non cum testamento annexo (administrator de bonis non with the will annexed: administrator d.b.n.c.t.a.) to deal with the remaining or after-acquired property under the will.
a)
The Copyright Office will register renewal claims in the names of administrator c.t.a. or administrator d.b.n.c.t.a. Except as noted in paragraph (c) below, the Copyright Office will also register renewal claims for the same work in the names of both the next of kin and the administrators c.t.a. or administrators d.b.n.c.t.a. on the basis of separate applications and fees.
b)
Where the author's will names an executor who cannot or will not act as executor, or when the estate has been settled and the executor discharged, or when the executor is removed before the estate is completely settled, registration will be made in the names of the author's next of kin, even when the administrators c.t.a. or administrators d.b.n.c.t.a. exist.
c)
If the author left a will without naming an executor, and an administrator c.t.a. or administrator d.b.n.c.t.a. is in existence at the time of renewal registration, an application in the name of the next of kin will be refused on the
[1984]
