Probate Terms

Lien

A claim or charge against property for payment of some debt

Unsecured Claim

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

Probate Court

A court having jurisdiction over estates

Precedent

A decision of a court which is thereafter followed as an example by other courts

Bequest (Legacy)

A gift of person property by will

Legacy

A gift of personal property by will

Gift Causa Mortis

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

Abatement

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

Mortgage

A secured loan on a parcel of real estate

Holographic Will

A will written entirely by the tester 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

Administratrix

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

Testatrix

A woman who makes a valid will

Codicil

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

Will

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

Escheat

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

Inventory (In Probate)

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

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 surviving spouse is not a kin)

Personal Representative

Person who represents and settles the estate of deceased persons

Degree of Kindred

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

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

Ademption

The extinction or withdrawal of a legacy under a will by and act equivalent to revocation

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

Estate

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

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

Devise

A gift of real estate made by a will

Uniform Anatomical Gift Act

A law permitting a person of legal age and sound mind to give all or any part of his body to take effect upon his/her death or gives right to another

Creditor's Claim

A legal process used by one wishing to collect 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

Soldiers and Sailors Will

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