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Glossary of United States Probate Terms (view source)
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'''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. | '''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. | ||
'''Consanguinity -''' ''Consanguinity''is a close relation. | '''Consanguinity -''' ''Consanguinity ''is a close relation. | ||
'''Conjoint will''' - A conjoint will is made and signed by two or more persons together. (See ''joint will'' or ''will''.)<br> | |||
'''Conservator -''' A ''conservator'' is a person appointed to manage the affairs of one considered incompetent; protector. | '''Conservator -''' A ''conservator'' is a person appointed to manage the affairs of one considered incompetent; protector. | ||
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'''Heir -''' An ''heir'' is a person who inherits property upon the death of the owner. | '''Heir -''' An ''heir'' is a person who inherits property upon the death of the owner. | ||
'''Holographic will -''' A ''holographic will ''is | '''Holographic will -''' A ''holographic will ''is entirely in the testator's handwriting. If someone else writes on it, it is invalid. This will is not witnessed. (See ''will''.) | ||
'''Imprimis -''' ''Imprimis ''is Latin, meaning "in the first place." | '''Imprimis -''' ''Imprimis ''is Latin, meaning "in the first place." | ||
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'''Issue -''' ''Issue'' refers to offspring, biological children, or legitimate descendants. | '''Issue -''' ''Issue'' refers to offspring, biological children, or legitimate descendants. | ||
'''Joint will''' - A ''joint will'' is made and signed by two or more persons together. (See ''conjoint will'' or ''will''.)<br> | |||
'''Legacy -''' A ''legacy'' is a gift (bequest) of real or personal property by way of a will. | '''Legacy -''' A ''legacy'' is a gift (bequest) of real or personal property by way of a will. | ||
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'''Minor - '''A ''minor'' is a person who has not yet reached full legal age. | '''Minor - '''A ''minor'' is a person who has not yet reached full legal age. | ||
'''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''.)<br> | |||
'''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. | '''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. | ||
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'''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> | '''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 | '''Nuncupative will -''' A ''nuncupative will'' is spoken in the presence of witnesses; not valid in some states. (See ''will''.) | ||
'''Parcener -''' A ''parcener'' is a joint heir. | '''Parcener -''' A ''parcener'' is a joint heir. | ||
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'''Trustee -''' A ''trustee'' is a person who holds legal title to property for the benefit of someone else. | '''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''.)<br> | |||
'''Unsolemn will''' - A ''unsolemn will'' is one in which no executor is named. An administrator will be appointed by the court. (See ''will''.)<br> | |||
'''Videlicet (viz.) -''' ''Videlicet'' is Latin, meaning "namely." | '''Videlicet (viz.) -''' ''Videlicet'' is Latin, meaning "namely." | ||
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'''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. | '''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.) | '''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: ''conjoint will'', ''holographic will'', ''joint will'', ''nuncupative will'', ''mystic will'', ''unofficious will'', or ''unsolemn will''.)<br> | ||
'''Witness -''' A ''witness'' is a person who attests to actions or events personally seen. | '''Witness -''' A ''witness'' is a person who attests to actions or events personally seen. | ||