Probate Law: Glossary of Terms

Probate is the legal process of administering and distributing a deceased person's estate, including the payment of debts and taxes, and the distribution of assets to beneficiaries.

An executor is the person appointed by the court to administer the estate of a deceased person, including the payment of debts and taxes, and the distribution of assets to beneficiaries.

A will is the legal document that sets forth a person's wishes for the distribution of their property after their death, including the appointment of an executor and the distribution of assets to beneficiaries.

A will contest is the legal process of challenging the validity of a will, typically on the grounds of undue influence, lack of capacity, or fraud.

Distribution is the legal term for the transfer of property from a deceased person to their beneficiaries, as specified in their will or determined by the court.

An estate is the legal term for the property of a deceased person, including all of their assets and liabilities.

Liabilities are the legal term for the debts and obligations of a deceased person, which must be paid from their estate before any assets can be distributed to beneficiaries.

Appraisal is the legal term for the process of determining the value of a deceased person's estate, including all of their assets and liabilities.

Liquidation is the legal term for the process of selling a deceased person's property to pay their debts and expenses, such as funeral costs, administrative expenses, and taxes.

A beneficiary is the legal term for the person who receives property from a deceased person's estate, as specified in their will or determined by the court.

Intestate succession is the legal term for the property that passes to a person by operation of law, rather than by will, when a person dies without a valid will.

Escheat is the legal term for the property that passes to the state when a person dies without a will and has no heirs.

An inter vivos transfer is the legal term for the process of transferring property from a living person to another person, as opposed to a transfer that takes effect upon the death of the transferor.

A mortis causa gift is the legal term for a gift made in contemplation of death, which is typically subject to different rules than a gift made during life.

An inter vivos trust is the legal term for a trust created during a person's lifetime, as opposed to a trust created by will.