| Probate Glossary
Letter Directory
A B
C D E F
G H I J K L
M N O P Q R S
T U V W X Y Z
A
Affidavit A written
or printed declaration or statement of facts confirmed by the oath or
affirmation of the making party.
Amendment Alteration
of a law or resolution.
Ancillary Administration
Administration of an estate other than where the decedent was domiciled.
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B
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.
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C
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.
Condicil 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 circuit court.
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.
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D
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."
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E
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.
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F
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.
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G
Guardian A person who has been appointed by the court
to act on behalf of a ward's person or property or both.
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H
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.
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I
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.
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L
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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M
Minor A person under 18 years of age whose disabilities
have not been removed by marriage or otherwise.
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O
Oath A solemn affirmation to tell the truth.
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P
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.
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R
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.
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S
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.
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T
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.
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W
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.
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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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