Glossary of United States Probate Terms: Difference between revisions

'''Claims - '''''Claims'' are the petitions, registers, accounts, or appeals files with the court.<br>  

'''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>  

'''Final account - '''The ''final account'' is the final accounting of the estate and how it was distributed. (See ''settlement''.)<br>  

'''Minor - '''A ''minor'' is 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 may be referred to as a ''next friend'' until the court appoints a guardian or conservator.  

'''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>  

'''Nuncupative will -''' A ''nuncupative will'' is an oral will.  

'''Parcener -''' A ''parcener'' is a joint heir.  

'''Partition -''' ''Partition'' is to divide into parts or shares.  

'''Per capita - '''''Per capita'' is the method of distributing an estate in which each person receives an equal share.<br>  

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

'''Primogeniture -''' ''Primogeniture'' is when the first-born son inherits the intestate estate.This practice was based on English common law.  

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

'''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''.)

'''Probate fees -'''&nbsp; ''Probate fees'' refer to the compensation paid to the attorney in a probate case.

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

'''Prove -''' To ''prove'' a will means the evidentiary process validating that 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.  

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

'''Register of Wills -''' The ''Register of Wills'' is the name of the office with probate jurisdiction in some localitities.  

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

'''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.

'''Relict -''' A ''relict'' is a widow or widower.  

'''Relinquishment -''' A ''relinquishment'' is to waive one's rights; surrender.  

'''Settlements -''' ''Settlements'' are the final accounting of the estate and how it was distributed. (See ''final account''.)&nbsp;

'''Sine prole (s.p.) -''' ''Sine prole'' is Latin, meaning "without offspring."

'''Succession -''' ''Succession'' is the process of settling an estate based on Spanish community property law, followed especially in Louisiana.&nbsp;&nbsp;  

'''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 Jersy 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.  

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

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

'''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>

'''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.&nbsp;

 

'''Witness - '''A ''witness'' is a person who attests to actions or events personally seen.  

*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.  

*Evans, Barbara Jean. ''A to Zax: A Comprehensive Dictionary for Genealogists &amp; Historians.'' Third 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."  

*''Merriam-Webster's Collegiate Dictionary.'' Eleventh edition. Springfield, Massachusetts: 2003.