Mortuary Law - Probate Law

Lien

A claim or charge against property for payment of some debt. (Does not apply against a dead human body for it is not property.)

Unsecured Claim

A claim which is not supported by a pledge of other assets belonging to the debtor.

Secured Claim

A claim which is supported by a pledge of assets belonging to the debtor.

Gift Causa Mortis

A gift of personal property in contemplation of death. The donor must die for the gift to be effected.

Bequest

A gift of personal property in general by will.

Legacy

A gift of personal property, usually money, by Will.

Guardian

A judicial appointment of a person to administer the affairs of another person who is incompetent by virtue of age or legal disability.

Creditor's Claim

A legal process used by one wishing to collect a debt from an estate.

Executor

A man appointed by the will of a deceased person to carry out the provisions thereof and settle the estate.

Administrator

A man who has been appointed by the court to settle an estate.

Testator

A man who makes a valid will.

Uniform Probate Code

A model of law to achieve uniformity in probate proceedings throughout the U.S.

Soldiers and Sailors Will

A nuncupative will, informal in nature, in which a soldier in the field or sailor at sea may dispose of personal property only.

Beneficiary

A person to whom property is left by will.

Abatement

A proportional reduction of a legacy under a will when assets out of which such legacy are payable are not sufficient to pay it in full.

Ethics

A set of moral principles or values governing individuals or groups; conforming to accepted professional standards of conduct.

Contesting A Will

A will can be set aside on the ground that it is not the free expression of the testator. Reasons include: lack of mental capacity, undue influence, and forgery.

Conditional Will

A will that is only effective upon the occurrence or satisfaction of a condition.

Holographic Will

A will written entirely by the testator with his own hand.

Executrix

A woman appointed by the will of a deceased person to carry out the provisions thereof and settle the estate.

Codicil

An addition or amendment of a last will and testament executed with the same formality as the will.

Solvent Estate

An estate in which the assets exceed the liabilities.

Will

An instrument executed with required formality by a person making disposition of his/her property to take effect upon his/her death.

Inventory (In Probate)

Listing and valuation of a decedent's assets by personal representative of the estate.

General Legacy

No specific money or property is identified.

Disinheritance

Not naming a person in the will if he/she would receive any part of the estate if the decedent had left not will.

Legatee

One who inherits personal property under a will.

Devisee

One who inherits real estate under a will.

Heir

One who inherits, or is entitled to receive, property by the laws of intestacy from the estate of a deceased person.

Kin

One's relatives collectively; referring to blood relationship (legally, the surviving spouse is not).

Nuncupative

Oral will dictated by testator during last illness before appropriate witnesses to dispose of personal property and afterwards reduced to writing.

Personal Representative

Person who handles distribution of an estate. Either named by the court or by the deceased.

Degree of Kindred

Relationship to decedent of his relatives; each generation is one degree, counting to a common ancestor.

Collateral Heirs

Relatives including brothers, sisters, nieces, nephews, and grandparents.

Testate Distribution

That distribution made when the maker of a valid will dies.

Revival

The act of giving new validity to a will that has been revoked by means of a codicil which specifically refers to the revoked will and indicates that it is to be effective.

Probate

The act or process of proving a will.

Testate

The condition of leaving a will at death.

Insolvent Estate

The condition of the estate of a deceased person which is unable to pay the debts of the decedent and/or the estate.

Probate Court

The court having jurisdiction over estates.

Inheritance

The estate which passes from the decedent to his/her heirs.

Ademption

The extinction or withdrawal of a legacy under a will by an act equivalent to revocation (i.e. the selling, giving away, or destroying of property of the testator before death).

Per Capita

The method of dividing an estate by which an equal share is given to each of a number of persons, all of who stand in equal degree to the decedent.

Per Stirpes

The method of dividing an estate where a class or group of distributees take the share which their deceased would have been entitled to, and not as so many individuals (i.e. by right of representation).

Revocation

The omission or cancellation of an instrument, act, license, or promise.

Formality

The requirements of a valid will; it must be in writing, signed by the testator, and witnessed by two people.

Intestate

The state or condition of dying without having made a will.

Intestate Succession

The succession of an heir at law to the property and estate of his ancestor when the latter has died without a will.

Administratrix

A woman who has been appointed by the court to settle an estate.

Testatrix

A woman who makes a valid will.

Residuary Bequest

Anything remaining after the rest of an estate has been distributed.

Lineals

Blood descendants. Children and grandchildren, including legally adopted children.

Escheat

Forfeiture of a decedent's property to the state in the absence of heirs.

Specific Legacy

Identifiable personal property (such as a specific bank account).

Specific Bequest

Identifiable personal property.

Specific Devise

Identifiable real property.

Trustee

One who holds a position of trust to beneficiary; in funeral arrangements, the person who has right to control funeral does so on behalf of all survivors.

Probate Law

That branch of law dealing with the settlement of a decedent's estate.

Estate

The property of a deceased person, both real and/or personal.

Statute of Descent

When an individual dies intestate, his property descends and is distributed by statute.

Devise

A gift of real estate made by will.