Probate Terms
Administrator: an individual appointed by the courts to manage a deceased person’s estate that did not have a will.
Agent/Attorneyinfact: An individual who has power of attorney and performs on behalf of the principal.The power of attorney is terminated upon the death of the principal.
Beneficiary(s): Individual(s) that are not directly related to the deceased person, but are entitled to some benefit of the estate. (Will)
Bequeath: Giving personal property by means of a will from a deceased person’s estate to the decedent’s heirs/beneficiaries.
Decedent: Deceased person
Estate: All the property the decedent owned. (Gross estate ) the total value of the assets as defined for estate tax purposes.
Estate administration: Organizing and determining what occurs to the deceased person's assets.
Estate tax: Imposed tax on deceased person’s transferable assets to the heirs and beneficiaries.
Executor/ Personal Representative (PR):
An individual appointed by a will that has been validated by the courts is responsible for managing the deceased persons probate estate.
Heirs: Direct lineage of the deceased person and refers to blood relatives such as parents, siblings, and children, spouse, cousins, aunts and uncles.
Holographic will: A will handwritten and signed by the deceased person.
Intestate:A person who dies without a legal will.
Letters of Administration Legal documents which authorize the administration of a deceased person’s estate by the administrator.
Life estate deed: An irrevocable deed transferring the remainder of real estate upon owner's death. A probate avoider.
Living Trust: A legal document that transfers assets upon death to avoid probate.
Probate the legal process and distribution of a deceased person’s estate.
Probate Court: a court that has jurisdiction and deals with validating wills and the administration of estates of deceased individuals.
Redaction: the process of editing court documents to remove sensitive information such as SS#, date of birth, and account numbers.
Testamentary: testament or intent of an individual who makes a will.
Testator/Testatrix: an individual who constructs and signs a will.Testator is male and testatrix is female.
Will: A legal document that explains the distribution of an individual’s estate after death.