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Glossary of United States Probate Terms (view source)
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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]]'' | ''[[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]]'' | ||
'''Accounts - ''' | '''Accounts - '''''Accounts'' are the reports of administrators, executors, guardians, trustees, and conservators of transactions for the estate. | ||
'''Administration - ''' | '''Administration - '''''Administration'' is the authority given to the administrator to settle the estate. Also refers to the probate process for intestate estates.<br> | ||
'''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. | '''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. | ||
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'''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). | ||
''' | '''Affidavit -''' An ''affidavit'' is a legal written statement made under oath. | ||
'''Affinity -''' | '''Affinity -''' ''Affinity'' is a relationship by marriage. | ||
'''Agnate-''' | '''Agnate-''' ''Agnate'' is a relationship through the males of the family. | ||
'''Appearance docket -''' | '''Appearance docket -''' The ''appearance docket'' is an index of all cases coming into a court. | ||
'''Appraisal -''' | '''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. | '''Attest -''' To ''attest'' is to witness, offer testimony, or to certify that a copy is genuine. | ||
'''Beneficiary - ''' | '''Beneficiary - '''A ''beneficiary'' is one who will receive benefit from the estate. | ||
'''Bequeath - ''' | '''Bequeath - '''''Bequeath'' is the act of assigning personal property in a will. (See ''testament''.) | ||
'''Bequest -''' | '''Bequest -''' A ''bequest'' is 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 | '''Bond - '''The ''bond'' is the legal instrument used to commit the bondsman to pay a certain fee if an agreement or act was not carried out. | ||
''' | '''Bondsman -''' A ''bondsman'' is 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. | '''Calendar -''' A ''calendar'' is list or schedule of cases to be presented before the court. | ||
'''Case file -''' | '''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''.) | ||
''' | '''Claims - '''''Claims'' are the petitions, registers, accounts, or appeals files with the court.<br> | ||
''' | '''Codicil -''' A ''codicil'' is an addendum to a will. | ||
''' | '''Committee -''' A ''committee'' is a group of people charged with specific duties for a limited time. | ||
''' | '''Common law -''' ''Common law'' refers to 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 and is called ''community property''. Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, and Washington are ''community property'' states.<br> | ||
''' | '''Consanguinity -''' ''Consanguinity ''is a close relation.<br> | ||
''' | '''Conservator -''' A ''conservator'' is a person appointed to manage the affairs of one considered incompetent; protector. | ||
''' | '''Contest -''' To ''contest'' a will means to dispute the will. | ||
''' | '''Coverture -'''''Coverture'' refers to the status of married women under English common law. | ||
''' | '''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. | ||
''' | '''Decedent -''' The ''decedent'' is the person who is deceased. | ||
''' | '''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. <br> | ||
''' | '''Devise -''' ''Devise'' is to transfer real property through a will. | ||
''' | '''Devisee - '''A ''devisee'' is a person receiving real property through a will. | ||
''' | '''Devisor -''' The ''devisor'' is the person transferring real property through a will; testator. | ||
''' | '''Distributions -''' ''Distributions'' refer to the manner in which the deceased's possessions are allocated. | ||
''' | '''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. <br> | ||
''' | '''Docket - '''A ''docket'' is a list or schedule of cases to be presented before the court. | ||
''' | '''Dower rights -''' The ''dower rights'' are the rights that a non-owner spouse has in the real property. | ||
''' | '''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. | ||
''' | '''Escheat -''' In cases where no one is entitled to inherit, property reverts to the state, or ''escheats''. | ||
''' | '''Estate -''' The ''estate'' is the real and personal property left by the deceased. | ||
''' | '''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''.) | ||
''' | '''Executor (-trix) -''' The person (''executor'' = male; ''executrix'' = female) who has been named by the testator of the will to manage the estate. | ||
''' | '''Feme sole -''' ''Feme sole'' refers to a single woman. | ||
''' | '''Fiduciary -''' The ''fiduciary'' is a person who is holding assets for another. In probate, this might be the executor, administrator, guardian, or a trustee. | ||
''' | '''Final account - '''The''final account'' is the final accounting of the estate and how it was distributed; settlement.<br> | ||
''' | '''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. | ||
''' | '''Guardianship -''' ''Guardianship'' is the court appointment of an adult to take care of the child or the child's property. | ||
''' | '''Heir -''' An ''heir'' is a person who inherits property upon the death of the owner. | ||
''' | '''Holographic will - '''A ''holographic will ''is hand written by the testator. | ||
''' | '''Imprimis -''' ''Imprimis ''is Latin, meaning "in the first place." | ||
''' | '''Infant -''' ''Infant'' minor not yet of legal age, not necessarily a young child. | ||
''' | '''Intestate -''' ''Intestate'' is when an individual dies without leaving a will. | ||
''' | '''Inventory -''' An ''inventory'' is an itemized list of real or personal property and an appraisal of its value. | ||
''' | '''Issue -''' ''Issue'' refers to offspring, biological children, or legitimate descendants. | ||
''' | '''Legacy -''' A ''legacy'' is a gift (bequest) of real or personal property by way of a will.<br> | ||
''' | '''Legatee -''' A ''legatee'' is a person receiving real or personal property by way of a will. | ||
''' | '''Legator -''' The ''legator'' is the person giving personal property by way of a will. (See ''devisor'' or ''testator''.)<br> | ||
''' | '''Letters of Administration -''' ''Letters of Administration'' refers to the formal document from the court granting authority to handle the affairs of the estate. | ||
''' | '''Lineal - '''''Lineal''means being in a direct line from a male or female ancestor. | ||
'''Majority -''' | '''Locus sigilli (L.S.) - '''''Locus sigilli'' is Latin, meaning "in place of the seal." | ||
'''Loose papers -''' ''Loose papers'' are a collection of various papers, separate from book records. | |||
'''Majority -''' When a person reaches ''majority'', he or she is of full legal age. | |||
'''Minor - '''A person who has not yet reached full legal age. | '''Minor - '''A person who has not yet reached full legal age. | ||