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''[[United States|United States ]] [[Image:Gotoarrow.png]]  [[United States Probate Records|Probate Records]] [[Image:Gotoarrow.png]]  [[Glossary_of_United_States_Probate_Terms|Glossary of Probate Terms]]''
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'''Abstract''' - An ''abstract'' is a summary that contains only the pertinent points of a longer text. Sometimes abstracts are compiled into bound books or volumes.<br>
'''Accounts - '''The records of financial dealings for the estate.  


'''Accounts''' - ''Accounts'' are the reports of administrators, executors, guardians, trustees, and conservators of transactions for the estate.  
'''Administration - '''Authority given to the administrator to settle the estate. Also refers to the probate process for intestate estates.<br>


'''Administration''' - ''Administration'' is the authority given to the administrator to settle the estate. Also refers to the probate process for intestate estates.  
'''Administrator (-trix) - '''When no will exists (intestate), the court appoints an administrator (male) or administratrix (female) to handle the estate proceedings.  


'''Administrator (-trix)''' - When no will exists (intestate), the court appoints an ''administrator'' (male) or ''administratrix'' (female) to handle the estate proceedings.  
'''Administrator cum testamento annexo (administrator c.t.a.) - '''The court appoints an administrator when no executor is named in the will or the executor is unable to serve.&nbsp;


'''Administrator cum testamento annexo (administrator c.t.a.)''' - The court appoints an administrator when no executor is named in the will or the executor is unable to serve.  
'''Administrator de bonis non (administrator d.b.n.) - '''A successor administrator appointed by the court to handle the remainder of the affairs of the estate (such as upon the death of the administrator).  


'''Administrator de bonis non (administrator d.b.n.)''' - A successor administrator appointed by the court to handle the remainder of the affairs of the estate (such as upon the death of the administrator).  
'''Affidavits -''' A legal written statement made under oath.  


'''Affidavit''' - An ''affidavit'' is a legal written statement made under oath.  
'''Affinity -''' Relationship by marriage.  


'''Affinity''' - ''Affinity'' is a relationship by marriage.  
'''Agnate-''' A relationship through the males of the family.  


'''Agnate''' - ''Agnate'' is a relationship through the males of the family.  
'''Appearance docket -''' An index of all cases coming into a court.  


'''Appearance docket''' - The ''appearance docket'' is an index of all cases coming into a court.  
'''Appraisal -''' An itemized valuation of real or personal property.  


'''Appraisal''' - The ''appraisal'' is an itemized valuation of real or personal property.  
'''Attest -''' To witness, offer testimony, or to certify that a copy is genuine.  


'''Appraiser''' - An ''appraiser'' is an impartial person who estimates the value of the personal or real property of the estate.  
'''Beneficiary - '''One who will receive benefit from the estate.  


'''Attest''' - To ''attest'' is to witness, offer testimony, or to certify that a copy is genuine.  
'''Bequeath - '''The act of assigning personal property in a will. (See ''testament''.)


'''Beneficiary''' - A ''beneficiary'' is one who will receive benefit from the estate.  
'''Bequest -''' The personal property assigned in a will.  


'''Bequeath''' - ''Bequeath'' is the act of assigning personal property in a will. (See ''testament''.)
'''Bond - '''The legal instrument used to commit the bondsman to pay a certain fee if an agreement or act is not carried out.  


'''Bequest''' - A ''bequest'' is the personal property assigned in a will.  
'''Bondsmen -''' A person who pledges a sum of money as bond in another's behalf.  


'''Bond''' - In most probate cases, the court required the administrator, (and sometimes the executor, guardian, appraiser, and trustee) to post a ''bond'' to ensure that he would properly complete his duties. The bond required that a fee be paid to the court if duties weren't adequately performed. One or more persons were required to co-sign the bond as "sureties."
'''Calendar -''' A list or schedule of cases to be presented before the court.  


'''Bondsman''' - A ''bondsman'' is a person who pledges a sum of money as bond in another's behalf.  
'''Case file -'''&nbsp; These are all of the various papers that have been created throughout the probate process. These are bound together and archived by case number; they are also called estate files or probate estate papers.  


'''Calendar''' - A ''calendar'' is list or schedule of cases to be presented before the court.  
'''Codicil -''' An addendum to a will.  


'''Case file''' - The ''case file'' is all of the various papers that have been created throughout the probate process. These are bound together and archived by case number. (See ''estate file'' or ''probate estate papers''.)
'''Committee -''' A group of people charged with specific duties for a limited time.  


'''Claims''' - ''Claims'' are the petitions, registers, accounts, or appeals files with the court.  
'''Common law -''' The body of unwritten law developed in England based on custom and precedent, rather than by statute.  


'''Codicil''' - A ''codicil'' is an addendum to a will. (See ''will''.)
'''Community property''' - Based on Spanish custom, all real and personal property acquired by a couple after marriage, belongs to both husband and wife. Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, and Washington are community property states.<br>


'''Committee''' - A ''committee'' is a group of people charged with specific duties for a limited time.  
'''Consanguinity -'''&nbsp;A close relation.<br>


'''Common law''' - ''Common law'' refers to the body of unwritten law developed in England based on custom and precedent, rather than by statute.  
'''Conservators -''' A person appointed to manage the affairs of one considered incompetent; protector.  


'''Community property''' - Based on Spanish custom, all real and personal property acquired by a couple after marriage, belongs to both husband and wife and is called ''community property''. Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, and Washington are ''community property'' states.  
'''Contest -''' To dispute the will.  


'''Consanguinity''' - ''Consanguinity ''is a close relation.
'''Coverture - '''  


'''Conjoint will''' - A conjoint will is made and signed by two or more persons together. (See ''joint will'' or ''will''.)<br>
'''Curtesy -''' Based on English common law, a husband's right, upon the death of his wife, to a life estate in land that the wife owned while living, and only applicable if a child had been born to the couple.  


'''Conservator''' - A ''conservator'' is a person appointed to manage the affairs of one considered incompetent; protector.  
'''Decedent -''' The person who is deceased.  


'''Contest''' - To ''contest'' a will means to dispute the will.  
'''Degree of relationship -''' A legal term referring to the degree (generations) of two persons who descend from a common ancestor but not one from the other. <br>


'''Coverture''' - ''Coverture'' refers to the status of married women under English common law.  
'''Devise -''' To transfer real property through a will.  


'''Curtesy''' - Based on English common law, ''curtesy ''is a husband's right, upon the death of his wife, to a life estate in land that the wife owned while living, and only applicable if a child had been born to the couple.  
'''Devisee - '''The person receiving real property through a will.  


'''Decedent''' - The ''decedent'' is the person who is deceased.  
'''Devisor -''' The person transferring real property through a will; testator.  


'''Decree''' - A ''decree'' is the judicial decision of the court. In probate, decrees usually involve heirship or distribution.<br>
'''Distributions -''' The manner in which the deceased's possessions are allocated.  


'''Degree of relationship''' - This is a legal term referring to the ''degree'' (generations) of two persons who descend from a common ancestor but not one from the other.  
'''Docket - '''A list or schedule of cases to be presented before the court.&nbsp;&nbsp;


'''Devise''' - ''Devise'' is to transfer real property through a will.  
'''Dower rights -''' The rights that a non-owner spouse has in the real property.  


'''Devisee''' - A ''devisee'' is a person receiving real property through a will.  
'''Entail -''' To limit the inheritance of real property to only those in a specified line of descent, such as to the oldest male in each generation.  


'''Devisor''' - The ''devisor'' is the person transferring real property through a will; testator.  
'''Escheat -''' In cases where no one is entitled to inherit, property reverts to the state.  


'''Distributions''' - ''Distributions'' refer to the manner in which the deceased's possessions are allocated.  
'''Estate -''' The transfer of property to the state in cases where no one has been determined qualified to inherit.  


'''Divisions''' - ''Divisions'' are records in the probate process. These might include commission reports, settlements, decrees of distribution, dower rights, courtesy rights, awards, private disbursement, ledgers, guardians' final report, probate decrees, certificates of devise, assignments of real estate, orders of distribution, or decrees of heirship. When the distribution was completed and payments to the creditors and heirs made, the executor or administrator presented to the court a record or decree of distribution and settlement. This document listed the beneficiaries of the estate and the property each received. This is often the most helpful source of family information in an intestate case.  
'''Estate file -''' The file containing information about the property left by the deceased to be dispersed between the surviving heirs.  


'''Docket''' - A ''docket'' is a list or schedule of cases to be presented before the court.  
'''Executor (-trix) -''' The person (executor = male; executrix = female) who has been named by the testator of the will to manage the estate.  


'''Dower rights''' - The ''dower rights'' are the rights that a non-owner spouse has in the real property.  
'''Feme sole -''' A single woman.  


'''Entail''' - To ''entail'' is to limit the inheritance of real property to only those in a specified line of descent, such as to the oldest male in each generation.  
'''Fiduciary -''' A person who is holding assets for another. In probate, this might be the executor, administrator, guardian, or a trustee.  


'''Escheat''' - In cases where no one is entitled to inherit, property reverts to the state, or ''escheats''.  
'''Final account - '''The final accounting of the estate and how it was distributed; settlement.<br>


'''Estate''' - The ''estate'' is the real and personal property left by the deceased.  
'''Guardian -''' The person appointed by the court to manage the affairs of a minor or someone incapable of handling his or her own affairs.  


'''Estate file''' - The ''estate file'' contains information about the property left by the deceased to be dispersed between the surviving heirs. (See ''case file'' or ''probate estate papers''.)
'''Guardianship -''' The court appointment of an adult to take care of the child or the child's property.  


'''Executor (-trix)''' - The person (''executor'' = male; ''executrix'' = female) who has been named by the testator of the will to manage the estate.  
'''Heir -''' A person who inherits property upon the death of the owner.  


'''Feme sole''' - ''Feme sole'' refers to a single woman.  
'''Holographic will - '''A will hand written by the testator.  


'''Fiduciary''' - The ''fiduciary'' is a person who is holding assets for another. In probate, this might be the executor, administrator, guardian, or a trustee.  
'''Imprimis -''' Latin, meaning "in the first place."


'''Final account''' - The ''final account'' is the final accounting of the estate and how it was distributed. (See ''settlement''.)
'''Infant -''' A minor not yet of legal age, not necessarily a young child.  


'''Guardian''' - A ''guardian'' is the person appointed by the court to manage the affairs of a minor or someone incapable of handling his or her own affairs.  
'''Intestate -''' When an individual dies without leaving a will.  


'''Guardianship''' - ''Guardianship'' is the court appointment of an adult to take care of the child or the child's property.  
'''Inventory -'''&nbsp;An itemized list of real or personal property.  


'''Heir''' - An ''heir'' is a person who inherits property upon the death of the owner.  
'''Issue -''' Offspring; biological children; legitimate descendants.  


'''Holographic will''' - A ''holographic will ''is entirely in the testator's handwriting and not witnessed by anyone. If someone else writes on it, it is invalid. (See ''will''.)
'''Legacy -''' A gift (bequest) of real or personal property by way of a will.<br>


'''Imprimis''' - ''Imprimis ''is Latin, meaning "in the first place."
'''Legatee -''' A person receiving real or personal property by way of a will.  


'''Index''' - An ''index'' is an organized summary of a set of records or a book that allows a person to find a specific item within the set of records or book. <br>
'''Legator -''' A person giving personal property by way of a will; devisor; testator.<br>  


'''Infant''' - ''Infant'' minor not yet of legal age, not necessarily a young child.  
'''Letters of Administration -''' A formal document from the court granting authority to handle the affairs of the estate.  


'''Intestate''' - ''Intestate'' is when an individual dies without leaving a will.  
'''Lineal - '''Being in a direct line from a male or female ancestor.  


'''Inventory''' - An ''inventory'' is an itemized list of property in the estate and an appraisal of its value. Inventory documents may include real estate, personal property, guardians, conservators, partnerships, minors' estates, appraisals, appraisers warrants, and reports. In intestate cases the inventory is very important as it may describe the land, tools, slaves, and other personal property at the time of death. These records are sometimes transcribed in the will books or in separate volumes, but the originals may be in the probate packet.  
'''Locus sigilli (L.S.) - '''Latin, meaning "in place of the seal."


'''Issue''' - ''Issue'' refers to offspring, biological children, or legitimate descendants.  
'''Loose papers -''' A collection of various papers, separate from book records.  


'''Joint will''' - A ''joint will'' is made and signed by two or more persons together. (See ''conjoint will'' or ''will''.)
'''Majority -''' Of full legal age.  


'''Legacy''' - A ''legacy'' is a gift (bequest) of real or personal property by way of a will.  
'''Minor - '''A person who has not yet reached full legal age.  


'''Legatee''' - A ''legatee'' is a person receiving real or personal property by way of a will.  
'''Next friend -''' A person acting in behalf of a minor or one unable to represent himself.  


'''Legator''' - The ''legator'' is the person giving personal property by way of a will. (See ''devisor'' or ''testator''.)
'''Notices -''' Notices are published so that creditors, and others with an interest in the estate, have an opportunity to collect debts or contact the legal representatives.<br>


'''Letters of administration''' - ''Letters of Administration'' refers to the formal document from the court granting authority to handle the affairs of the estate.  
'''Nuncupative will -''' An oral will.  


'''Letters of guardianship''' - ''Letters of guardianship'' refers to the court order appointing a guardian to handle the affairs of a minor or a person deemed incompetent.  
'''Parcener -''' A joint heir.  


'''Letters testamentary''' - ''Letters testamentary'' refers to the document approving the appointment of an executor and authorizing that person to administer the estate.  
'''Partition -''' To divide into parts or shares.  


'''Lineal''' - ''Lineal'' means being in a direct line from a male or female ancestor.  
'''Per capita - '''The method of distributing an estate in which each person receives an equal share.<br>


'''Locus sigilli (L.S.)''' - ''Locus sigilli'' is Latin, meaning "in place of the seal."
'''Per stirpes -''' The method of distributing an estate in which a group of people (such as the grandchildren whose parent is deceased) receive a share as if they were one person.  


'''Loose papers''' - ''Loose papers'' are a collection of various papers, separate from book records.  
'''Petition - '''A formal, written request made to a court.  


'''Majority''' - When a person reaches ''majority'', he or she is of full legal age.  
'''Primogeniture -''' The first-born son inheriting the intestate estate.This practice was based on English common law.  


'''Minor''' - A ''minor'' is a person who has not yet reached full legal age.  
'''Probate -''' All matters and proceedings pertaining to the administration of estates, whether there is a will (testate) or not (intestate).  


'''Minutes''' - ''Minutes'' are the notes made of the probate court proceedings.  
'''Probate case file -''' These are all of the various papers that have been created throughout the probate process. These are bound together and archived by case number; they are also called case files, estate files, or probate estate papers.  


'''Mystic will''' - The ''mystic will'' is from French tradition (Louisiana). A person goes to a notary (like a lawyer), and writes the will in the presence of two to three witnesses and the notary. The person then puts the will in an envelope and seals it. The witnesses don't sign the will, but they do sign that he put it in the envelope. (See ''will''.)
'''Probate fees -'''&nbsp; Compensation paid to the attorney


'''Next friend''' - A person acting in behalf of a minor or one unable to represent himself may be referred to as a ''next friend'' until the court appoints a guardian or conservator.  
'''Probate packet - '''Probate case files placed together in an envelope or tied together with a string.  


'''Notices''' - ''Notices'' are published so that creditors, and others with an interest in the estate, have an opportunity to collect debts or contact the legal representatives. (See ''publications''.)
'''Prove -''' The evidentiary process validating a will.  


'''Nuncupative will''' - A ''nuncupative will'' is spoken in the presence of witnesses; not valid in some states. (See ''will''.)
'''Publication -'''&nbsp;Notices are published so that creditors, and others with an interest in the estate, have an opportunity to collect debts or contact the legal representatives.  


'''Parcener''' - A ''parcener'' is a joint heir.  
'''Receipt - '''A written statement that funds, property, or legal documents have been received.  


'''Partition''' - ''Partition'' is to divide into parts or shares.  
'''Register of wills -''' The name of the office with probate jurisdiction in some localitities.  


'''Per capita''' - ''Per capita'' is the method of distributing an estate in which each person receives an equal share.  
'''Register -''' A bound book in which official matters are recorded by the court clerk.  


'''Per stirpes''' - The method of distributing an estate in which a group of people (such as the grandchildren whose parent is deceased) receive a share as if they were one person.  
'''Relict -''' A widow or widower.  


'''Petition''' - A ''petition'' is an application to a court requesting the right to settle an estate. The petition document from the heirs generally begins the legal probate process. The petition was filed with the court that served the area where the deceased owned property. Additional petitions may be filed in other localities where he owned property or resided. The petition may name the heirs of the deceased, their relationship, and sometimes their residence. Heirs and other interested parties can petition the court throughout the probate process. The petition documents include letters testamentary, letters of administration, guardianship, appointment or change of guardian, redress for misuse or waste of property, list of heirs, and renunciation.  
'''Relinquishment -''' To waive one's rights; surrender.  


'''Primogeniture''' - ''Primogeniture'' is when the first-born son inherits the intestate estate.This practice was based on English common law.  
'''Settlements -''' The final accounting of the estate and how it was distributed; final account.&nbsp;


'''Probate''' - ''Probate'' relates to all matters and proceedings pertaining to the administration of estates, whether there is a will (testate) or not (intestate).  
'''Sine prole (s.p.) -''' Without offspring.  


'''Probate estate papers''' - All of the various ''papers'' that have been created throughout the probate process are bound together and archived by case number. (See ''case file'' or ''estate file''.)
'''Succession -''' The process of settling an estate based on Spanish community property law, followed especially in Louisiana.&nbsp;&nbsp;


'''Probate fees -''' ''Probate fees'' refer to the compensation paid to the attorney in a probate case.  
'''Successor administrator (-trix) -''' Administrator appointed by the court to handle the remainder of the affairs of the estate (such as upon the death of the administrator); administrator de bonis non (administrator d.b.n.).  


'''Probate packet''' - ''Probate packet'' is the case files placed together in an envelope or tied together with a string.  
'''Surety - '''A person who agrees to be liable for another's debts and obligations in case of default.  


'''Prove''' - To ''prove'' a will means the evidentiary process validating that will.  
'''Surrogate -''' The court officer with jurisdiction over probate and guardianship matters in New Jersy and New York.  


'''Publications''' - Notices are published so that creditors, and others with an interest in the estate, have an opportunity to collect debts or contact the legal representatives. They include announcements, advertisements, notices to heirs, notices of sales, and notices to creditors. Some state laws require the ''publications'' in specified newspapers for two or three weeks. Newspaper clippings may be in the probate packet as evidence of compliance with the law. (See ''notices''.)
'''Testament -''' Technically, the document in which the testator distributes (bequeaths) personal property. This term is often dropped from "last will and testament."


'''Receipt''' - A ''receipt'' is a written statement that funds, property, or legal documents have been received.  
'''Testamentary -''' Pertaining to a will.  


'''Register of Wills''' - The ''Register of Wills'' is the name of the office with probate jurisdiction in some localities.  
'''Testate -'''&nbsp;When an individual dies having left a will.  


'''Register''' - A ''register'' is a bound book in which official matters are recorded by the court clerk.  
'''Testator (-trix) -''' The person making the will or testament.  


'''Releases''' - ''Releases'' are court documents that release an individual from an obligation. In probate cases, releases might come from the court, executors, administrators, trustees, guardians, heirs, and conservators.  
'''Trustee -''' A person who holds legal title to property for the benefit of someone else.  


'''Relict''' - A ''relict'' is a widow or widower.  
'''Videlicet (viz.) -''' Latin, meaning "namely."


'''Relinquishment''' - ''Relinquishment'' is to waive one's rights. (See ''renunciation''.)
'''Widow's allowance -'''&nbsp;State statute governs the share of real or personal property which a widow can claim from her husband's estate. Often this supercedes other claims and debts to the estate.<br>


'''Renunciation''' - ''Renunciation'' is to waive one's rights. (See ''relinquishment''.)
'''Widow's election - '''A widow's right to either accept what was granted to her by her husband's will or to accept the share granted to her by state statute.&nbsp;


'''Settlements''' - ''Settlements'' are the final accounting of the estate and how it was distributed. (See ''final account''.)
'''Will -&nbsp;'''Technically, the document in which the testator distributes (devises) real property. This term is often used in place of "last will and testament."


'''Sine prole (s.p.)''' - ''Sine prole'' is Latin, meaning "without offspring."
'''Witness - '''A person who attests to actions or events personally seen.  
 
'''Succession''' - ''Succession'' is the process of settling an estate based on Spanish community property law, followed especially in Louisiana.
 
'''Successor administrator (-trix)''' - A ''successor administrator'' is one appointed by the court to handle the remainder of the affairs of the estate (such as upon the death of the administrator). (See ''administrator de bonis non''.)
 
'''Surety''' - A ''surety'' is a person who agrees to be liable for another's debts and obligations in case of default.
 
'''Surrogate''' - The ''Surrogate'' is the court officer with jurisdiction over probate and guardianship matters in New Jersey and New York.
 
'''Testament''' - Technically, the ''testament'' is the document in which the testator distributes (bequeaths) personal property. This term is often dropped from "last will and testament."
 
'''Testamentary''' - ''Testamentary'' items or matters means that they pertain to a will.
 
'''Testate''' - ''Testate'' is when an individual dies having left a will.
 
'''Testator (-trix)''' - The ''testator'' (male) or ''testatrix'' (female) is the person making the will or testament.
 
'''Transcript''' - A ''transcript'' is an exact handwritten, typed, or printed copy of a document or set of records.<br>
 
'''Trustee''' - A ''trustee'' is a person who holds legal title to property for the benefit of someone else.
 
'''Unofficious will''' - An unofficious will is one made in disregard to natural obligations of inheritance. (See ''will''.)
 
'''Unsolemn will''' - A ''unsolemn will'' is one in which no executor is named. An administrator will be appointed by the court. (See ''will''.)
 
'''Videlicet (viz.)''' - ''Videlicet'' is Latin, meaning "namely."
 
'''Widow's allowance''' - State statute governs the share of real or personal property which a ''widow'' can claim from her husband's estate. Often this supersedes other claims and debts to the estate.
 
'''Widow's election''' - A ''widow's election'' is the widow's right to either accept what was granted to her by her husband's will or to accept the share granted to her by state statute.
 
'''Will''' - Technically, a ''will'' is the document in which the testator distributes (devises) real property. This term is often used in place of "last will and testament." (See article on [[United States Probate Wills|Wills]] for more information.) (See also: ''codicil, conjoint will'', ''holographic will'', ''joint will'', ''nuncupative will'', ''mystic will'', ''unofficious will'', or ''unsolemn will''.)
 
'''Witness''' - A ''witness'' is a person who attests to actions or events personally seen.  


=== Sources  ===
=== Sources  ===


*Black, Henry Campbell. ''Black's Law Dictionary: Definitions of Terms and Phrases of American and English Jurisprudence, Ancient and Modern.'' Sixth edition. St. Paul, Minnesota: West Publishing, 1990. {{FSC|736552|item}}
*Black, Henry Campbell. ''Black's Law Dictionary: Definitions of Terms and Phrases of American and English Jurisprudence, Ancient and Modern.'' 4th edition. St. Paul, Minnesota: West Publishing, 1951.  
*Evans, Barbara Jean. ''A to Zax: A Comprehensive Dictionary for Genealogists &amp; Historians.'' Third edition. Alexandria, Virginia: Hearthside Press, 1995. {{FSC|647979|item}}
*Evans, Barbara Jean. ''A to Zax: A Comprehensive Dictionary for Genealogists &amp; Historians.'' 3rd edition. Alexandria, Virginia: Hearthside Press, 1995.  
*Greenwood, Val D. Third edition. ''The Researcher's Guide to American Genealogy''. Baltimore: Genealogical Publishing C., Inc. 2000. Of particular interest is the chapter, "Understanding Probate Records and Basic Legal Terminology." {{FSC|960443|item}}
*Greenwood, Val D. 3rd edition. ''The Researcher's Guide to American Genealogy''. Baltimore: Genealogical Publishing C., Inc. 2000. Of particular interest is the chapter, "Understanding Probate Records and Basic Legal Terminology."  
*''Merriam-Webster's Collegiate Dictionary.'' Eleventh edition. Springfield, Massachusetts: 2003.  
*''Merriam-Webster's Collegiate Dictionary.'' 11th edition. Springfield, Massachusetts: 2003.  
*Rose, Christine. ''Courthouse Research for Family Historians: Your Guide to Genealogical Treasures.'' San Jose, California: CR Publications, 2004. Of particular interest are the chapter, "Estates Galore," plus the "Glossary" at the end of the book. {{FSC|1202197|item}}
*Rose, Christine. ''Courthouse Research for Family Historians: Your Guide to Genealogical Treasures.'' San Jose, California: CR Publications, 2004. Of particular interest are the chapter, "Estates Galore," plus the "Glossary" at the end of the book.


[[Category:United_States_Probate_Records]]
[[Category:United_States_Probate_Records]]

Revision as of 15:39, 21 September 2010

United States  Gotoarrow.png  Probate Records Gotoarrow.png  Glossary of Probate Terms

Accounts - The records of financial dealings for the estate.

Administration - Authority given to the administrator to settle the estate. Also refers to the probate process for intestate estates.

Administrator (-trix) - When no will exists (intestate), the court appoints an administrator (male) or administratrix (female) to handle the estate proceedings.

Administrator cum testamento annexo (administrator c.t.a.) - The court appoints an administrator when no executor is named in the will or the executor is unable to serve. 

Administrator de bonis non (administrator d.b.n.) - A successor administrator appointed by the court to handle the remainder of the affairs of the estate (such as upon the death of the administrator).

Affidavits - A legal written statement made under oath.

Affinity - Relationship by marriage.

Agnate- A relationship through the males of the family.

Appearance docket - An index of all cases coming into a court.

Appraisal - An itemized valuation of real or personal property.

Attest - To witness, offer testimony, or to certify that a copy is genuine.

Beneficiary - One who will receive benefit from the estate.

Bequeath - The act of assigning personal property in a will. (See testament.)

Bequest - The personal property assigned in a will.

Bond - The legal instrument used to commit the bondsman to pay a certain fee if an agreement or act is not carried out.

Bondsmen - A person who pledges a sum of money as bond in another's behalf.

Calendar - A list or schedule of cases to be presented before the court.

Case file -  These are all of the various papers that have been created throughout the probate process. These are bound together and archived by case number; they are also called estate files or probate estate papers.

Codicil - An addendum to a will.

Committee - A group of people charged with specific duties for a limited time.

Common law - The body of unwritten law developed in England based on custom and precedent, rather than by statute.

Community property - Based on Spanish custom, all real and personal property acquired by a couple after marriage, belongs to both husband and wife. Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, and Washington are community property states.

Consanguinity - A close relation.

Conservators - A person appointed to manage the affairs of one considered incompetent; protector.

Contest - To dispute the will.

Coverture -

Curtesy - Based on English common law, a husband's right, upon the death of his wife, to a life estate in land that the wife owned while living, and only applicable if a child had been born to the couple.

Decedent - The person who is deceased.

Degree of relationship - A legal term referring to the degree (generations) of two persons who descend from a common ancestor but not one from the other.

Devise - To transfer real property through a will.

Devisee - The person receiving real property through a will.

Devisor - The person transferring real property through a will; testator.

Distributions - The manner in which the deceased's possessions are allocated.

Docket - A list or schedule of cases to be presented before the court.  

Dower rights - The rights that a non-owner spouse has in the real property.

Entail - To limit the inheritance of real property to only those in a specified line of descent, such as to the oldest male in each generation.

Escheat - In cases where no one is entitled to inherit, property reverts to the state.

Estate - The transfer of property to the state in cases where no one has been determined qualified to inherit.

Estate file - The file containing information about the property left by the deceased to be dispersed between the surviving heirs.

Executor (-trix) - The person (executor = male; executrix = female) who has been named by the testator of the will to manage the estate.

Feme sole - A single woman.

Fiduciary - A person who is holding assets for another. In probate, this might be the executor, administrator, guardian, or a trustee.

Final account - The final accounting of the estate and how it was distributed; settlement.

Guardian - The person appointed by the court to manage the affairs of a minor or someone incapable of handling his or her own affairs.

Guardianship - The court appointment of an adult to take care of the child or the child's property.

Heir - A person who inherits property upon the death of the owner.

Holographic will - A will hand written by the testator.

Imprimis - Latin, meaning "in the first place."

Infant - A minor not yet of legal age, not necessarily a young child.

Intestate - When an individual dies without leaving a will.

Inventory - An itemized list of real or personal property.

Issue - Offspring; biological children; legitimate descendants.

Legacy - A gift (bequest) of real or personal property by way of a will.

Legatee - A person receiving real or personal property by way of a will.

Legator - A person giving personal property by way of a will; devisor; testator.

Letters of Administration - A formal document from the court granting authority to handle the affairs of the estate.

Lineal - Being in a direct line from a male or female ancestor.

Locus sigilli (L.S.) - Latin, meaning "in place of the seal."

Loose papers - A collection of various papers, separate from book records.

Majority - Of full legal age.

Minor - A person who has not yet reached full legal age.

Next friend - A person acting in behalf of a minor or one unable to represent himself.

Notices - Notices are published so that creditors, and others with an interest in the estate, have an opportunity to collect debts or contact the legal representatives.

Nuncupative will - An oral will.

Parcener - A joint heir.

Partition - To divide into parts or shares.

Per capita - The method of distributing an estate in which each person receives an equal share.

Per stirpes - The method of distributing an estate in which a group of people (such as the grandchildren whose parent is deceased) receive a share as if they were one person.

Petition - A formal, written request made to a court.

Primogeniture - The first-born son inheriting the intestate estate.This practice was based on English common law.

Probate - All matters and proceedings pertaining to the administration of estates, whether there is a will (testate) or not (intestate).

Probate case file - These are all of the various papers that have been created throughout the probate process. These are bound together and archived by case number; they are also called case files, estate files, or probate estate papers.

Probate fees -  Compensation paid to the attorney

Probate packet - Probate case files placed together in an envelope or tied together with a string.

Prove - The evidentiary process validating a will.

Publication - Notices are published so that creditors, and others with an interest in the estate, have an opportunity to collect debts or contact the legal representatives.

Receipt - A written statement that funds, property, or legal documents have been received.

Register of wills - The name of the office with probate jurisdiction in some localitities.

Register - A bound book in which official matters are recorded by the court clerk.

Relict - A widow or widower.

Relinquishment - To waive one's rights; surrender.

Settlements - The final accounting of the estate and how it was distributed; final account. 

Sine prole (s.p.) - Without offspring.

Succession - The process of settling an estate based on Spanish community property law, followed especially in Louisiana.  

Successor administrator (-trix) - Administrator appointed by the court to handle the remainder of the affairs of the estate (such as upon the death of the administrator); administrator de bonis non (administrator d.b.n.).

Surety - A person who agrees to be liable for another's debts and obligations in case of default.

Surrogate - The court officer with jurisdiction over probate and guardianship matters in New Jersy and New York.

Testament - Technically, the document in which the testator distributes (bequeaths) personal property. This term is often dropped from "last will and testament."

Testamentary - Pertaining to a will.

Testate - When an individual dies having left a will.

Testator (-trix) - The person making the will or testament.

Trustee - A person who holds legal title to property for the benefit of someone else.

Videlicet (viz.) - Latin, meaning "namely."

Widow's allowance - State statute governs the share of real or personal property which a widow can claim from her husband's estate. Often this supercedes other claims and debts to the estate.

Widow's election - A widow's right to either accept what was granted to her by her husband's will or to accept the share granted to her by state statute. 

Will - Technically, the document in which the testator distributes (devises) real property. This term is often used in place of "last will and testament."

Witness - A person who attests to actions or events personally seen.

Sources[edit | edit source]

  • Black, Henry Campbell. Black's Law Dictionary: Definitions of Terms and Phrases of American and English Jurisprudence, Ancient and Modern. 4th edition. St. Paul, Minnesota: West Publishing, 1951.
  • Evans, Barbara Jean. A to Zax: A Comprehensive Dictionary for Genealogists & Historians. 3rd edition. Alexandria, Virginia: Hearthside Press, 1995.
  • Greenwood, Val D. 3rd edition. The Researcher's Guide to American Genealogy. Baltimore: Genealogical Publishing C., Inc. 2000. Of particular interest is the chapter, "Understanding Probate Records and Basic Legal Terminology."
  • Merriam-Webster's Collegiate Dictionary. 11th edition. Springfield, Massachusetts: 2003.
  • Rose, Christine. Courthouse Research for Family Historians: Your Guide to Genealogical Treasures. San Jose, California: CR Publications, 2004. Of particular interest are the chapter, "Estates Galore," plus the "Glossary" at the end of the book.
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