Beneficiary
Heir at law, in an intestate estate, and devisee, in a testate estate.
Bona Fide In or with good
faith, honestly, openly & sincerely, without deceit or fraud.
Caveat
If an creditor of the estate of a decedent is apprehensive that an estate, wither
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. Upon a probate proceeding opened, the
court will notify that person of the opening.
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.
Clerk
The clerk or deputy clerk of the court.
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.
Court
The district or circuit court having probate authority.
Creditor
An individual or entity to which an estate may be indebted.
Curator
A person appointed by the court to take charge of the estate of a decedent until
letters are issued.
Decedent
The person who has died.
Devise
When used as a noun, means a testamentary disposition of real or personal property
and, when used as a verb, means to dispose of real or personal property by a will.
The term includes "gift," "give," "bequeath," bequest,"
and "legacy."
Devisee
A person designated in a will to receive a devise.
Disclaimer
The rejection, refusal, or renunciation of a claim, power or property.
Domicile
A person's usual place of dwelling and shall be synonymous with "residence."
Elective Share A widow's
statutory prescribed share.
Estate
Property of a decedent that is the subject of administration.
Executor
A person named by a testator to carry out the provisions in the testator's will.
Exempt Property Estate
property which is not subject to probate proceedings.
Family
Administration Simplified probate proceeding which
may be used if total value of the estate is less than $60,000.
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.
Fiduciary Another
name for an executor or personal representative.
Foreign
Guardian A guardian appointed in another state or country.
Guardian
A person who has been appointed by the court to act on behalf of a ward's person
or property or both.
Heirs
An individual entitled by law to inherit from another.
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.
Incapacitated
Person A person who has been judicially determined to lack the capacity
to manage at least some of the property or to meet at least some of the essential
health and safety requirements of such person.
Intestate
Without a will.
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.
Minor
A person under 18 years of age whose disabilities have not been removed by marriage
or otherwise.
Oath A solemn
affirmation to tell the truth.
Personal
Representative The fiduciary appointed by the court to administer the estate
and refers to what has been known as an administrator or executor.
Per
Stirpes To distribute a share to a descendant of a deceased beneficiary.
Petition A written request
to the court for an order.
Plenary
Guardian Full, entire, complete Guardianship.
Preneed
Guardian A person named in a written declaration to serve as guardian in
the event of the incapacity of the declarant.
Probate
of Will Means all steps necessary to establish the validity of a will and
to admit a will to probate.
Pro
Bono Work or services done or performed by an attorney, free of charge.
Rescind To cancel; revoke;
terminate.
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.
Revocation
The act of withdrawal or recall of some power, making void a will.
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.
Subpoena
A document ordering an individual to appear in court and give testimony.
Sui
Juris Of full age and capacity.
Summary
Administration Administration used if assets are under $25,000 or the decedent
has been dead for more than 2 years.
Testate
Having left a will at death.
Trustee
Person or entity authorized by a trust document to handle certain property matters
on behalf of another.
Waiver
The voluntary relinquishment of a privilege or a right.
Ward
A person who is under a guardian's charge or protection.
Will
An instrument executed by a person, which disposes of a person's property on or
after his or her death.
This "Glossary
of Terms" 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.
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