Glossary of United States Probate TermsEdit This Page

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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'' are the reports of administrators, executors, guardians, trustees, and conservators of transactions for the estate.  
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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>
  
'''Administration - '''''Administration'' is the authority given to the administrator to settle the estate. Also refers to the probate process for intestate estates.<br>
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'''Accounts''' - ''Accounts'' are the reports of administrators, executors, guardians, trustees, and conservators of transactions for the estate.  
  
'''Administrator (-trix) - '''When no will exists (intestate), the court appoints an ''administrator'' (male) or ''administratrix'' (female) to handle the estate proceedings.  
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'''Administration''' - ''Administration'' is the authority given to the administrator to settle the estate. Also refers to the probate process for intestate estates.  
  
'''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;
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'''Administrator (-trix)''' - When no will exists (intestate), the court appoints an ''administrator'' (male) or ''administratrix'' (female) to handle the estate proceedings.  
  
'''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).  
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'''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.  
  
'''Affidavit -''' An ''affidavit'' is a legal written statement made under oath.  
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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).  
  
'''Affinity -''' ''Affinity'' is a relationship by marriage.  
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'''Affidavit''' - An ''affidavit'' is a legal written statement made under oath.  
  
'''Agnate-''' ''Agnate'' is a relationship through the males of the family.  
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'''Affinity''' - ''Affinity'' is a relationship by marriage.  
  
'''Appearance docket -''' The ''appearance docket'' is an index of all cases coming into a court.  
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'''Agnate''' - ''Agnate'' is a relationship through the males of the family.  
  
'''Appraisal -''' The ''appraisal'' is an itemized valuation of real or personal property.  
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'''Appearance docket''' - The ''appearance docket'' is an index of all cases coming into a court.  
  
'''Attest -''' To ''attest'' is to witness, offer testimony, or to certify that a copy is genuine.  
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'''Appraisal''' - The ''appraisal'' is an itemized valuation of real or personal property.  
  
'''Beneficiary - '''A ''beneficiary'' is one who will receive benefit from the estate.  
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'''Appraiser''' - An ''appraiser'' is an impartial person who estimates the value of the personal or real property of the estate.  
  
'''Bequeath - '''''Bequeath'' is the act of assigning personal property in a will. (See ''testament''.)
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'''Attest''' - To ''attest'' is to witness, offer testimony, or to certify that a copy is genuine.  
  
'''Bequest -''' A ''bequest'' is the personal property assigned in a will.  
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'''Beneficiary''' - A ''beneficiary'' is one who will receive benefit from the estate.  
  
'''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.  
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'''Bequeath''' - ''Bequeath'' is the act of assigning personal property in a will. (See ''testament''.)
  
'''Bondsman -''' A ''bondsman'' is a person who pledges a sum of money as bond in another's behalf.  
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'''Bequest''' - A ''bequest'' is the personal property assigned in a will.  
  
'''Calendar -''' A ''calendar'' is list or schedule of cases to be presented before the court.  
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'''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."
  
'''Case file -'''&nbsp; 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''.)
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'''Bondsman''' - A ''bondsman'' is a person who pledges a sum of money as bond in another's behalf.  
  
'''Claims - '''''Claims'' are the petitions, registers, accounts, or appeals files with the court.<br>
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'''Calendar''' - A ''calendar'' is list or schedule of cases to be presented before the court.  
  
'''Codicil -''' A ''codicil'' is an addendum to a will.  
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'''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 ''committee'' is a group of people charged with specific duties for a limited time.  
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'''Claims''' - ''Claims'' are the petitions, registers, accounts, or appeals files with the court.  
  
'''Common law -''' ''Common law'' refers to the body of unwritten law developed in England based on custom and precedent, rather than by statute.  
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'''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 and is called ''community property''. Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, and Washington are ''community property'' states.<br>
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'''Committee''' - A ''committee'' is a group of people charged with specific duties for a limited time.  
  
'''Consanguinity -''' ''Consanguinity&nbsp;''is a close relation.<br>
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'''Common law''' - ''Common law'' refers to the body of unwritten law developed in England based on custom and precedent, rather than by statute.  
  
'''Conservator -''' A ''conservator'' is a person appointed to manage the affairs of one considered incompetent; protector.  
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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.  
  
'''Contest -''' To ''contest'' a will means to dispute the will.  
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'''Consanguinity''' - ''Consanguinity ''is a close relation.  
  
'''Coverture -'''''Coverture'' refers to the status of married women under English common law.  
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'''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, ''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.  
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'''Conservator''' - A ''conservator'' is a person appointed to manage the affairs of one considered incompetent; protector.  
  
'''Decedent -''' The ''decedent'' is the person who is deceased.  
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'''Contest''' - To ''contest'' a will means to dispute the will.  
  
'''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>
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'''Coverture''' - ''Coverture'' refers to the status of married women under English common law.  
  
'''Devise -''' ''Devise'' is to transfer real property through a will.  
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'''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 - '''A ''devisee'' is a person receiving real property through a will.  
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'''Decedent''' - The ''decedent'' is the person who is deceased.  
  
'''Devisor -''' The ''devisor'' is the person transferring real property through a will; testator.  
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'''Decree''' - A ''decree'' is the judicial decision of the court. In probate, decrees usually involve heirship or distribution.<br>
  
'''Distributions -''' ''Distributions'' refer to the manner in which the deceased's possessions are allocated.  
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'''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.  
  
'''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>
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'''Devise''' - ''Devise'' is to transfer real property through a will.  
  
'''Docket - '''A ''docket'' is a list or schedule of cases to be presented before the court.&nbsp;&nbsp;
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'''Devisee''' - A ''devisee'' is a person receiving real property through a will.  
  
'''Dower rights -''' The ''dower rights'' are the rights that a non-owner spouse has in the real property.  
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'''Devisor''' - The ''devisor'' is the person transferring real property through a will; testator.  
  
'''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.  
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'''Distributions''' - ''Distributions'' refer to the manner in which the deceased's possessions are allocated.  
  
'''Escheat -''' In cases where no one is entitled to inherit, property reverts to the state, or ''escheats''.  
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'''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 -''' The ''estate'' is the real and personal property left by the deceased.  
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'''Docket''' - A ''docket'' is a list or schedule of cases to be presented before the court.  
  
'''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''.)
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'''Dower rights''' - The ''dower rights'' are the rights that a non-owner spouse has in the real property.  
  
'''Executor (-trix) -''' The person (''executor'' = male; ''executrix'' = female) who has been named by the testator of the will to manage the estate.  
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'''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.  
  
'''Feme sole -''' ''Feme sole'' refers to a single woman.  
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'''Escheat''' - In cases where no one is entitled to inherit, property reverts to the state, or ''escheats''.  
  
'''Fiduciary -''' The ''fiduciary'' is a person who is holding assets for another. In probate, this might be the executor, administrator, guardian, or a trustee.  
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'''Estate''' - The ''estate'' is the real and personal property left by the deceased.  
  
'''Final account - '''The ''final account'' is the final accounting of the estate and how it was distributed. (See ''settlement''.)<br>
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'''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''.)  
  
'''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.  
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'''Executor (-trix)''' - The person (''executor'' = male; ''executrix'' = female) who has been named by the testator of the will to manage the estate.  
  
'''Guardianship -''' ''Guardianship'' is the court appointment of an adult to take care of the child or the child's property.  
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'''Feme sole''' - ''Feme sole'' refers to a single woman.  
  
'''Heir -''' An ''heir'' is a person who inherits property upon the death of the owner.  
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'''Fiduciary''' - The ''fiduciary'' is a person who is holding assets for another. In probate, this might be the executor, administrator, guardian, or a trustee.  
  
'''Holographic will - '''A ''holographic will ''is hand written by the testator.  
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'''Final account''' - The ''final account'' is the final accounting of the estate and how it was distributed. (See ''settlement''.)
  
'''Imprimis -''' ''Imprimis ''is Latin, meaning "in the first place."
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'''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.  
  
'''Infant -''' ''Infant'' minor not yet of legal age, not necessarily a young child.  
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'''Guardianship''' - ''Guardianship'' is the court appointment of an adult to take care of the child or the child's property.  
  
'''Intestate -''' ''Intestate'' is when an individual dies without leaving a will.  
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'''Heir''' - An ''heir'' is a person who inherits property upon the death of the owner.  
  
'''Inventory -'''&nbsp;An ''inventory'' is an itemized list of real or personal property and an appraisal of its value.  
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'''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''.)
  
'''Issue -''' ''Issue'' refers to offspring, biological children, or legitimate descendants.  
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'''Imprimis''' - ''Imprimis ''is Latin, meaning "in the first place."
  
'''Legacy -''' A ''legacy'' is a gift (bequest) of real or personal property by way of a will.<br>  
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'''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>
  
'''Legatee -''' A ''legatee'' is a person receiving real or personal property by way of a will.  
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'''Infant''' - ''Infant'' minor not yet of legal age, not necessarily a young child.  
  
'''Legator -''' The ''legator'' is the person giving personal property by way of a will. (See ''devisor'' or ''testator''.)<br>
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'''Intestate''' - ''Intestate'' is when an individual dies without leaving a will.  
  
'''Letters of Administration -''' ''Letters of Administration'' refers to the formal document from the court granting authority to handle the affairs of the estate.  
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'''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.  
  
'''Lineal - '''''Lineal''means being in a direct line from a male or female ancestor.  
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'''Issue''' - ''Issue'' refers to offspring, biological children, or legitimate descendants.  
  
'''Locus sigilli (L.S.) - '''''Locus sigilli'' is Latin, meaning "in place of the seal."
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'''Joint will''' - A ''joint will'' is made and signed by two or more persons together. (See ''conjoint will'' or ''will''.)
  
'''Loose papers -''' ''Loose papers'' are a collection of various papers, separate from book records.  
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'''Legacy''' - A ''legacy'' is a gift (bequest) of real or personal property by way of a will.  
  
'''Majority -''' When a person reaches ''majority'', he or she is of full legal age.  
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'''Legatee''' - A ''legatee'' is a person receiving real or personal property by way of a will.  
  
'''Minor - '''A ''minor'' is a person who has not yet reached full legal age.  
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'''Legator''' - The ''legator'' is the person giving personal property by way of a will. (See ''devisor'' or ''testator''.)
  
'''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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'''Letters of administration''' - ''Letters of Administration'' refers to the formal document from the court granting authority to handle the affairs of the estate.  
  
'''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>
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'''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.  
  
'''Nuncupative will -''' A ''nuncupative will'' is an oral will.  
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'''Letters testamentary''' - ''Letters testamentary'' refers to the document approving the appointment of an executor and authorizing that person to administer the estate.  
  
'''Parcener -''' A ''parcener'' is a joint heir.  
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'''Lineal''' - ''Lineal'' means being in a direct line from a male or female ancestor.  
  
'''Partition -''' ''Partition'' is to divide into parts or shares.  
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'''Locus sigilli (L.S.)''' - ''Locus sigilli'' is Latin, meaning "in place of the seal."
  
'''Per capita - '''''Per capita'' is the method of distributing an estate in which each person receives an equal share.<br>
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'''Loose papers''' - ''Loose papers'' are a collection of various papers, separate from book records.  
  
'''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.  
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'''Majority''' - When a person reaches ''majority'', he or she is of full legal age.  
  
'''Petition - '''A ''petition'' is a formal, written request made to a court.  
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'''Minor''' - A ''minor'' is a person who has not yet reached full legal age.  
  
'''Primogeniture -''' ''Primogeniture'' is when the first-born son inherits the intestate estate.This practice was based on English common law.  
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'''Minutes''' - ''Minutes'' are the notes made of the probate court proceedings.  
  
'''Probate -''' ''Probate'' relates to all matters and proceedings pertaining to the administration of estates, whether there is a will (testate) or not (intestate).  
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'''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 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''.)
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'''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 fees -'''&nbsp; ''Probate fees'' refer to the compensation paid to the attorney in a probate case.  
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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. (See ''publications''.)
  
'''Probate packet - '''''Probate packet'' is the case files placed together in an envelope or tied together with a string.  
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'''Nuncupative will''' - A ''nuncupative will'' is spoken in the presence of witnesses; not valid in some states. (See ''will''.)
  
'''Prove -''' To ''prove'' a will means the evidentiary process validating that will.  
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'''Parcener''' - A ''parcener'' is a joint heir.  
  
'''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.  
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'''Partition''' - ''Partition'' is to divide into parts or shares.  
  
'''Receipt - '''A ''receipt'' is a written statement that funds, property, or legal documents have been received.  
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'''Per capita''' - ''Per capita'' is the method of distributing an estate in which each person receives an equal share.  
  
'''Register of Wills -''' The ''Register of Wills'' is the name of the office with probate jurisdiction in some localitities.  
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'''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.  
  
'''Register -''' A ''register'' is a bound book in which official matters are recorded by the court clerk.  
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'''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.
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'''Primogeniture''' - ''Primogeniture'' is when the first-born son inherits the intestate estate.This practice was based on English common law.
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'''Probate''' - ''Probate'' relates to all matters and proceedings pertaining to the administration of estates, whether there is a will (testate) or not (intestate).
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'''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''.)
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'''Probate fees -''' ''Probate fees'' refer to the compensation paid to the attorney in a probate case.
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'''Probate packet''' - ''Probate packet'' is the case files placed together in an envelope or tied together with a string.
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'''Prove''' - To ''prove'' a will means the evidentiary process validating that will.
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'''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''.)
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'''Receipt''' - A ''receipt'' is a written statement that funds, property, or legal documents have been received.
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'''Register of Wills''' - The ''Register of Wills'' is the name of the office with probate jurisdiction in some localities.
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'''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.  
 
'''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.  
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'''Relict''' - A ''relict'' is a widow or widower.  
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'''Relinquishment''' - ''Relinquishment'' is to waive one's rights. (See ''renunciation''.)
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'''Renunciation''' - ''Renunciation'' is to waive one's rights. (See ''relinquishment''.)
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'''Settlements''' - ''Settlements'' are the final accounting of the estate and how it was distributed. (See ''final account''.)
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'''Sine prole (s.p.)''' - ''Sine prole'' is Latin, meaning "without offspring."
  
'''Relinquishment -''' A ''relinquishment'' is to waive one's rights; surrender.  
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'''Succession''' - ''Succession'' is the process of settling an estate based on Spanish community property law, followed especially in Louisiana.  
  
'''Settlements -''' ''Settlements'' are the final accounting of the estate and how it was distributed. (See ''final account''.)&nbsp;
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'''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''.)  
  
'''Sine prole (s.p.) -''' ''Sine prole'' is Latin, meaning "without offspring."
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'''Surety''' - A ''surety'' is a person who agrees to be liable for another's debts and obligations in case of default.  
  
'''Succession -''' ''Succession'' is the process of settling an estate based on Spanish community property law, followed especially in Louisiana.&nbsp;&nbsp;
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'''Surrogate''' - The ''Surrogate'' is the court officer with jurisdiction over probate and guardianship matters in New Jersey and New York.  
  
'''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''.)
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'''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."
  
'''Surety - '''A ''surety'' is a person who agrees to be liable for another's debts and obligations in case of default.  
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'''Testamentary''' - ''Testamentary'' items or matters means that they pertain to a will.  
  
'''Surrogate -''' The ''Surrogate'' is the court officer with jurisdiction over probate and guardianship matters in New Jersy and New York.  
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'''Testate''' - ''Testate'' is when an individual dies having left a will.  
  
'''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."
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'''Testator (-trix)''' - The ''testator'' (male) or ''testatrix'' (female) is the person making the will or testament.  
  
'''Testamentary -''' ''Testamentary'' items or matters means that they pertain to a will.  
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'''Transcript''' - A ''transcript'' is an exact handwritten, typed, or printed copy of a document or set of records.<br>
  
'''Testate -''' ''Testate'' is when an individual dies having left a will.  
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'''Trustee''' - A ''trustee'' is a person who holds legal title to property for the benefit of someone else.  
  
'''Testator (-trix) -''' The ''testator'' (male) or ''testatrix'' (female) is the person making the will or testament.
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'''Unofficious will''' - An unofficious will is one made in disregard to natural obligations of inheritance. (See ''will''.)  
  
'''Trustee -''' A ''trustee'' is a person who holds legal title to property for the benefit of someone else.  
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'''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."  
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'''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>
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'''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.&nbsp;
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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.  
  
'''Will -&nbsp;'''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.)<br>
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'''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.  
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'''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.  
+
*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. {{FHL|736552|item}}
*Evans, Barbara Jean. ''A to Zax: A Comprehensive Dictionary for Genealogists &amp; Historians.'' Third edition. Alexandria, Virginia: Hearthside Press, 1995.  
+
*Evans, Barbara Jean. ''A to Zax: A Comprehensive Dictionary for Genealogists &amp; Historians.'' Third edition. Alexandria, Virginia: Hearthside Press, 1995. {{FHL|647979|item}}
*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."  
+
*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." {{FHL|960443|item}}
 
*''Merriam-Webster's Collegiate Dictionary.'' Eleventh edition. Springfield, Massachusetts: 2003.  
 
*''Merriam-Webster's Collegiate Dictionary.'' Eleventh 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.
+
*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. {{FHL|1202197|item}}
  
 
[[Category:United_States_Probate_Records]]
 
[[Category:United_States_Probate_Records]]

Latest revision as of 14:40, 18 October 2010

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

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.

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.

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).

Affidavit - An affidavit is a legal written statement made under oath.

Affinity - Affinity is a relationship by marriage.

Agnate - Agnate is a relationship through the males of the family.

Appearance docket - The appearance docket is an index of all cases coming into a court.

Appraisal - The appraisal is an itemized valuation of real or personal property.

Appraiser - An appraiser is an impartial person who estimates the value of the personal or real property of the estate.

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.

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.

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.

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

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.

Codicil - A codicil is an addendum to a will. (See 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.

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.)

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.

Decree - A decree is the judicial decision of the court. In probate, decrees usually involve heirship or distribution.

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.

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. 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.

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. (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.

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 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."

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.

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 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.

Joint will - A joint will is made and signed by two or more persons together. (See conjoint will or 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.

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

Letters testamentary - Letters testamentary refers to the document approving the appointment of an executor and authorizing that person to administer the estate.

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

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 minor is a person who has not yet reached full legal age.

Minutes - Minutes are the notes made of the probate court proceedings.

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.)

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. (See publications.)

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.

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.

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 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.

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 - 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.

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.)

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 localities.

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 - Relinquishment is to waive one's rights. (See renunciation.)

Renunciation - Renunciation is to waive one's rights. (See relinquishment.)

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."

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.

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 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

  • 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. FHL Collection
  • Evans, Barbara Jean. A to Zax: A Comprehensive Dictionary for Genealogists & Historians. Third edition. Alexandria, Virginia: Hearthside Press, 1995. FHL Collection
  • 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." FHL Collection
  • Merriam-Webster's Collegiate Dictionary. Eleventh 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. FHL Collection

 

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