3,967
edits
Glossary of United States Probate Terms (view source)
Revision as of 09:30, 30 September 2010
, 30 September 2010clarifications and cleanup
No edit summary |
(clarifications and cleanup) |
||
| Line 1: | Line 1: | ||
''[[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'' are the reports of administrators, executors, guardians, trustees, and conservators of transactions for the estate. | '''Accounts -''' ''Accounts'' are the reports of administrators, executors, guardians, trustees, and conservators of transactions for the estate. | ||
'''Administration - '''''Administration'' is the authority given to the administrator to settle the estate. Also refers to the probate process for intestate estates. | '''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. | '''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). | ||
'''Affidavit -''' An ''affidavit'' is a legal written statement made under oath. | '''Affidavit -''' An ''affidavit'' is a legal written statement made under oath. | ||
| Line 23: | Line 23: | ||
'''Attest -''' To ''attest'' is 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 - '''A ''beneficiary'' is one who will receive benefit from the estate. | '''Beneficiary -''' A ''beneficiary'' is one who will receive benefit from the estate. | ||
'''Bequeath - '''''Bequeath'' is the act of assigning personal property in a will. (See ''testament''.) | '''Bequeath -''' ''Bequeath'' is the act of assigning personal property in a will. (See ''testament''.) | ||
'''Bequest -''' A ''bequest'' is the personal property assigned in a will. | '''Bequest -''' A ''bequest'' is the personal property assigned in a will. | ||
'''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." | '''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." | ||
'''Bondsman -''' A ''bondsman'' is a person who pledges a sum of money as bond in another's behalf. | '''Bondsman -''' A ''bondsman'' is a person who pledges a sum of money as bond in another's behalf. | ||
| Line 35: | Line 35: | ||
'''Calendar -''' A ''calendar'' is 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. | '''Claims - ''' ''Claims'' are the petitions, registers, accounts, or appeals files with the court. | ||
'''Codicil -''' A ''codicil'' is an addendum to a will. | '''Codicil -''' A ''codicil'' is an addendum to a will. | ||
| Line 45: | Line 45: | ||
'''Common law -''' ''Common law'' refers to the body of unwritten law developed in England based on custom and precedent, rather than by statute. | '''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. | '''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 | '''Consanguinity -''' ''Consanguinity''is a close relation. | ||
'''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. | ||
| Line 53: | Line 53: | ||
'''Contest -''' To ''contest'' a will means to dispute the will. | '''Contest -''' To ''contest'' a will means to dispute the will. | ||
'''Coverture -'''''Coverture'' refers to the status of married women under English common law. | '''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. | '''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. | ||
| Line 59: | Line 59: | ||
'''Decedent -''' The ''decedent'' is the person who is deceased. | '''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. | '''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. | ||
'''Devise -''' ''Devise'' is to transfer real property through a will. | '''Devise -''' ''Devise'' is to transfer real property through a will. | ||
'''Devisee - '''A ''devisee'' is a person receiving 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. | '''Devisor -''' The ''devisor'' is the person transferring real property through a will; testator. | ||
| Line 69: | Line 69: | ||
'''Distributions -''' ''Distributions'' refer to the manner in which the deceased's possessions are allocated. | '''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. | '''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. | ||
'''Docket - '''A ''docket'' is a list or schedule of cases to be presented before the court. | '''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. | '''Dower rights -''' The ''dower rights'' are the rights that a non-owner spouse has in the real property. | ||
| Line 89: | Line 89: | ||
'''Fiduciary -''' The ''fiduciary'' is a person who is holding assets for another. In probate, this might be the executor, administrator, guardian, or a trustee. | '''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. (See ''settlement''.) | '''Final account -''' The ''final account'' is the final accounting of the estate and how it was distributed. (See ''settlement''.) | ||
'''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. | '''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. | ||
| Line 97: | Line 97: | ||
'''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 hand written by the testator. | '''Holographic will -''' A ''holographic will ''is hand written by the testator. | ||
'''Imprimis -''' ''Imprimis ''is Latin, meaning "in the first place." | '''Imprimis -''' ''Imprimis ''is Latin, meaning "in the first place." | ||
| Line 105: | Line 105: | ||
'''Intestate -''' ''Intestate'' is when an individual dies without leaving a will. | '''Intestate -''' ''Intestate'' is when an individual dies without leaving a will. | ||
'''Inventory -''' | '''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. | ||
'''Issue -''' ''Issue'' refers to offspring, biological children, or legitimate descendants. | '''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. | '''Legacy -''' A ''legacy'' is a gift (bequest) of real or personal property by way of a will. | ||
'''Legatee -''' A ''legatee'' is a person receiving real or personal property by way of a will. | '''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''.) | '''Legator -''' The ''legator'' is the person giving personal property by way of a will. (See ''devisor'' or ''testator''.) | ||
'''Letters of Administration -''' ''Letters of Administration'' refers to the formal document from the court granting authority to handle the affairs of the estate. | '''Letters of Administration -''' ''Letters of Administration'' refers to the formal document from the court granting authority to handle the affairs of the estate. | ||
| Line 141: | Line 141: | ||
'''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. | '''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 ''petition'' is a | '''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. | ||
'''Primogeniture -''' ''Primogeniture'' is when the first-born son inherits the intestate estate.This practice was based on English common law. | '''Primogeniture -''' ''Primogeniture'' is when the first-born son inherits the intestate estate.This practice was based on English common law. | ||
| Line 149: | Line 149: | ||
'''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 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 -''' | '''Probate fees -''' ''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. | '''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. | '''Prove -''' To ''prove'' a will means the evidentiary process validating that will. | ||
''' | '''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. | ||
'''Receipt - '''A ''receipt'' is a written statement that funds, property, or legal documents have been received. | '''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 | '''Register of Wills -''' The ''Register of Wills'' is the name of the office with probate jurisdiction in some localities. | ||
'''Register -''' A ''register'' is a bound book in which official matters are recorded by the court clerk. | '''Register -''' A ''register'' is a bound book in which official matters are recorded by the court clerk. | ||
| Line 169: | Line 169: | ||
'''Relinquishment -''' A ''relinquishment'' is to waive one's rights; surrender. | '''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''.) | '''Settlements -''' ''Settlements'' are the final accounting of the estate and how it was distributed. (See ''final account''.) | ||
'''Sine prole (s.p.) -''' ''Sine prole'' is Latin, meaning "without offspring." | '''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. | '''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''.) | '''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''.) | ||
| Line 179: | Line 179: | ||
'''Surety - '''A ''surety'' is a person who agrees to be liable for another's debts and obligations in case of default. | '''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 | '''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." | '''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." | ||
| Line 193: | Line 193: | ||
'''Videlicet (viz.) -''' ''Videlicet'' is Latin, meaning "namely." | '''Videlicet (viz.) -''' ''Videlicet'' is Latin, meaning "namely." | ||
'''Widow's allowance -''' | '''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. | '''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 - | '''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.) | ||
'''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. | ||
=== Sources === | === Sources === | ||