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This information is not intended to be a definitive legal
definition of terms, but, is merely provided to assist the public with general
understanding of court terminology. If you have a need for definitive legal
definitions of these or any other legal terms, you should seek the services of
an attorney.
Glossary of Terms
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Affidavit
A written or printed declaration or statement of facts
confirmed by the oath or affirmation of the party making it.
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Amendment
Alteration of a law or resolution.
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Beneficiary
Heir at law, in an intestate estate, and devisee, in a
testate estate.
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Bona Fide
In or with good faith, honestly, openly and sincerely,
without deceit or fraud.
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Caveat
If a creditor of the estate of a decedent is apprehensive
that an estate, whether testate or intestate, will be administered without the
creditor’s knowledge, or if any person other than a creditor is apprehensive
that an estate may be administered, or that a will may be admitted to probate,
without the person’s knowledge, he or she may file a caveat with the court.
That person will be notified by the court upon the opening of a probate
proceeding.
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Claims
Liabilities of the decedent, whether arising in contract,
tort, or otherwise, and funeral expenses. The term does not include expenses of
administration or estate, inheritance, succession, or other death taxes.
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Codicil
A supplement or addition to a will, not necessarily disposing
of the entire estate but modifying, explaining, or otherwise qualifying the
will in some way.
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Creditor
An individual or entity to which an estate may be indebted.
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Curator
A person appointed by the court to take charge of the estate
of a decedent until letters are issued.
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Decedent
The individual who has died.
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Devise
When used as a noun, it means a testamentary disposition of
real or personal property. When used as a verb, it means to dispose of real or
personal property by a will. The term includes "gift," "give," "bequeath,"
bequest," and "legacy."
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Devisee
A person designated in a will to receive a devise.
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Disclaimer
The rejection, refusal, or renunciation of a claim, power or
property.
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Domicile
A person’s usual place of dwelling and shall be synonymous
with "residence."
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Elective Share
A widow’s statutory prescribed share.
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Estate
Property of a decedent that is the subject of administration.
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Executor/Executrix
A person named by a testator to carry out the provisions in
the testator’s will.
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Exempt Property
Estate property which is not subject to probate proceedings.
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Family Allowance
A portion of a decedent’s estate set aside by statute for a
surviving spouse, children, or parents, regardless of any testamentary
disposition or competing claims.
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Fiduciary
Another name for an executor, administrator or personal
representative.
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Heirs
An individual entitled by law to inherit from another.
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Homestead
Property which is set aside for the benefit of specific
family members, and which cannot be transferred by the decedent to a third
party. As long as the homestead does not exceed in area or value the limits
fixed by law, in most states it is exempt from forced sale for collection of a
debt.
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Intestate
Without a will.
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Joint Tenancy
Property held in the names of two or more persons. The
property passes to the surviving joint tenant on death of the other joint
tenant or joint tenants.
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Letters
The authority granted by the court to the personal
representative to act on behalf of the estate of the decedent and refers to
what has been known as letters testamentary and letters of administration.
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Living Will
A document that specifies an individual’s wishes regarding
care and treatment if he or she becomes incapacitated, such as limiting life
support that only prolongs dying. Most states have enacted laws regarding
living wills, so it is important that the document be in accordance with the
statutes of the state in which the subject resides.
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Personal Representative
The fiduciary named in a will (Executor/Executrix) or
appointed by the Register (Administrator/Administratrix) to administer an
estate.
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Per Stripes
To distribute a share to a descendant of a deceased
beneficiary.
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Petition
A written request to the court for an order.
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Probate of Will
To "prove" a Will by submission to the Register of Wills who
determines its validity and issues a decree appointing a personal
representative (executor) to administer the estate of the decedent.
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Property
Real estate and personal property
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Residuary Devise
A devise of the assets of the estate which remain after the
provision for any devise which is to be satisfied by reference to a specific
property or type of property, fund, sum, or statutory amount.
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Self-Proved Will
A will in which at least two witnesses took an oath, included
in the will, at the time the will was signed, and in which both the witnesses’
and the decedent’s signatures were notarized by a qualified notary public.
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Tenants by the Entireties
A form of joint ownership exclusively for husbands and wives.
On the death of a spouse, the surviving spouse becomes the sole owner of the
property.
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Testate
Having left a will at death.
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Testator/Testatrix
The deceased person leaving the will.
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Trustee
Person or entity authorized by a trust document to handle
certain property matters on behalf of another.
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Will
An instrument executed by a person, which disposes of a
person’s property on or after his or her death.
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