DBN stands for de bonis non, a probate Latin term meaning “of goods not yet administered.” In estate practice, it flags assets that still require administration after an administrator or executor has taken charge or after the original fiduciary can no longer complete the task. This phrase specifically notes portions of the estate that remain to be settled. The other spellings don’t fit because they either alter the Latin form or use an incorrect wording, whereas de bonis non is the standard, correct shorthand in estate terminology.

In Surrogate’s Court practice, an incapacitated person means someone who cannot adequately protect his or her own rights due to a diminished ability to manage affairs or understand consequences. The definition explicitly includes a person for whom a guardian has been appointed under Mental Hygiene Law Article 81, which reflects how guardianship is used to protect someone who lacks capacity. This makes the concept broad enough to cover individuals who are unable to safeguard their rights and who are already under a protective proceeding. The other options don’t fit because they describe states or statuses unrelated to incapacity in this context: temporarily unable to practice law is a professional issue, not a capacity issue; deceased is not a living person who requires protection; a minor without a guardian does not by itself define incapacity under this legal framework, though guardianship can apply to minors in other contexts.

To begin a probate proceeding, you must attach the documents that establish the decedent’s death, identify the will and who has an interest in the estate, and show that those interested have been notified or have consented to waive notice. Specifically, you need the original will and any codicils to prove the testamentary disposition, the decedent’s death certificate to confirm death, a verified list of heirs or devisees and beneficiaries to identify who may have rights or interests, proof of service or waivers of service to demonstrate that interested parties were properly notified, and any required consents under the rules. These pieces ensure the court can determine the proper person to administer the estate and proceed with probate with due notice to those concerned. Documents like a driving license or bank records aren’t required to start the proceeding; they may come into play later for asset identification or verification.

The key idea is that the authority to administer a decedent’s estate comes from the Letters issued by the court to a specific fiduciary. Letters Testamentary or Letters of Administration are the legal instruments that grant someone the power to act on behalf of the estate—collect assets, pay debts, and distribute property under court supervision. The person who can carry out these duties is the fiduciary named in the will or, if there is no will, the person the court appoints as administrator. These individuals are the ones the court trusts to manage the estate, and the Letters explicitly identify them as authorized to act. That’s why the correct answer points to the fiduciary named in the will or appointed by the court. The clerk of court does not administer the estate; the clerk handles filings and records but does not obtain Letters to act as administrator. The attorney general does not have general authority to administer estates. The decedent’s next of kin may be eligible to be appointed, but only if they are named in the will or appointed by the court and issued Letters; simply being next of kin does not grant automatic authority.