| A | B |
|---|
| administration | Supervision of an estate by an administrator or executor. |
| administrator | A person appointed by a court to administer an intestate estate. |
| affidavit attesting witnesses | A document that is attached to a will or codicil that is signed by the witnesses. Also called self-proving affidavit. |
| attestation clause | The witness clause of a will. |
| beneficiary | One who inherits under a will; one who benefits from a trust. |
| bequest | A gift by will of personal property; a legacy. |
| codicil | An amendment to a will, either to add or delete provisions of a will, that is executed with all formalities of a will. |
| contested | Challenged, opposed. |
| contingent/conditional will | One that does not take effect until a specific event occurs. |
| decedent | A person who has died; deceased person. |
| descendant | Those persons who are in the blood stream of the ancestor. |
| devise | A gift of real property by a will. Under the Uniform Probate Code, a gift of real or personal property by a will. |
| devisee | The person to whom land or real property is given by will. |
| disposition | The handling of a person’s property in accordance with the terms of their will. |
| domicile | The place where a person has their true, fixed, and permanent home and principal establishment, and to which whenever absent has the intention of returning. |
| durable power of attorney | A power given to another that empowers that person to act on behalf of the maker even if the maker has become incapacitated. |
| elder law | The area of law that focuses on the unique concerns of a segment of the population over the age of 50. |
| estate planning | The area of law dealing with planning for the disposition of a person’s property after death. |
| executor | A person or an entity named in a will to administer the estate. |
| fiduciary | A person or institution who manages money or property of another and who must exercise a standard of care imposed by law, e.g., personal representative, executor of an estate, or a trustee. |
| grantor | The maker of a trust. |
| guardian | A person designated in a will or appointed by the court to manage the affairs and/or care for the needs of a minor or a disabled person. |
| guardian ad litem | Person appointed by the court to be responsible for preserving the estate of a minor or disabled person. |
| health care power of attorney | A power given to another person that permits that person to make health care decisions on behalf of the maker. |
| heir | One who inherits property, whether real or personal, from a relative. |
| holographic will | A will that is entirely handwritten, dated, and signed by the testator. |
| incompetent | One who lacks ability, legal qualification, or fitness to manage their own affairs. |
| inter vivos trust | A trust created during a decedent’s lifetime that becomes operative during his lifetime. |
| intestate | Having died without making a will. |
| joint will | A single will that two or more persons execute. |
| last will and testament | The document by which a person makes a disposition of property to take effect after death and by its own nature is revocable during their lifetime. |
| law of descent | The law that controls who shall inherit under a will that has been proved invalid or when there is no will. |
| legacy | A disposition of personal property by a will; a bequest. |
| legatee | The person to whom a legacy is given in a will. |
| living will | The document by which the maker instructs the physician or medical supplier not to keep the maker alive by use of life-supporting procedures. |
| nuncupative will | A will spoken by a person in peril of imminent death. |
| personal representative | The term used by the Uniform Probate Code to designate the representative of one’s estate, replacing the terms executor or administrator. |
| per capita | According to the number of individuals, share and share alike. |
| per stirpes | By roots or stocks; by representation. Denotes that method of dividing an intestate estate where a class or group of distributees take the share which their deceased would have been entitled to, had he or she lived, taking thus by their right of representing such ancestor, and not as so many individuals. |
| preamble clause | The first part of a will stating that it is the last will and testament of a person who is competent and of legal age. |
| residue | That which is left after the payment of specific bequests, devises, debts, expenses, and taxes. |
| revocation clause | Clause in a will that revokes all former wills and codicils made by the testator. |
| self-proved clause | A clause in a will signed by the testator and witnesses before a notary public for the purpose of allowing the will to be admitted to probate without an affidavit or appearance of the witnesses at the time of probate. |
| settlor | The maker of a trust. |
| specific bequest | A gift of an identified asset or stated amount of money. |
| testator, testatrix | A person who makes a will. |
| pretermitted heir | A child or other descendant omitted from the will of a testator. |
| trust | A fiduciary agreement whereby property is transferred with the intention that it be administered by a trustee for another’s benefit. |
| testamentary trust | A trust made within a will. |
| trustor | The maker of a trust. Also called settlor. |
| trustee | A person who administers a trust. |
