Legal Terminology and Law Definition of Wills & Probate

ascertainable standard
“Ascertainable standard” means a standard relating to an individual’s health, education, support. (PART I, Sec. 736.0103) … Full Definition »
Law topic: Wills & Probate << Legal issue: Wills & Probate
claim against an estate
a written statement filed with the executor or administrator of the estate by a creditor of a deceased person. Bringing a claim against an estate you are telling the representative of the decedent that the decedent owed you money. Many courts have official forms for the claim against decedent's estate. It is a very simple form stating the names of a … Full Definition »
Law topic: Probate << Legal issue: Wills & Probate
codicil
is a supplement to a will, either adding to, taking from or altering its provisions or confirming it in whole or in part by republication, but not totally revoking such will. … Full Definition »
Law topic: Wills Drafting << Legal issue: Wills & Probate
devise
"Devise," when used as a noun, includes a testamentary disposition of real or personal property, or of both. When used as a verb, "devise" means to dispose of real or personal property, or of both, by will. (Texas Probate Code, Chapter I, Sec. 3. (h)) … Full Definition »
Law topic: Wills Drafting << Legal issue: Wills & Probate
devisee
Means a person designated in a will or trust to receive a devise, or bequest. In the case of a devise to an existing trust or trustee, or to a trust or trustee of a trust described by will, the trust or trustee, rather than the beneficiaries of the trust, is the devisee. (FL Probate Code, Part II, Sec. 731.110 (11)) … Full Definition »
Law topic: Wills Drafting << Legal issue: Wills & Probate
distributee
A distributee is a person entitled to take or share in the property of a decedent under a will or the statutes governing descent and distribution (NY EPTL, § 1-2.5) After a person dies without a Will (intestate) a letters of Administration are sent to a distributee by Probate Court. The following categories share in distribution of property: spouse … Full Definition »
Law topic: Wills Drafting << Legal issue: Wills & Probate
executor
The person named as executor in the decedent's will has the right to appointment as personal representative. … Full Definition »
Law topic: Wills Drafting << Legal issue: Wills & Probate
foreign personal representative
“Foreign personal representative” means a personal representative of another state or a foreign country. (Florida Probate Code-Part II-§731.201) … Full Definition »
Law topic: Wills & Probate << Legal issue: Wills & Probate
general power of appointment
“General power of appointment” means a power of appointment exercisable in favor of the holder of the power, the power holder’s creditors, the power holder’s estate, or the creditors of the power holder’s estate. (PART I, Sec. 736.0103) … Full Definition »
Law topic: Wills & Probate << Legal issue: Wills & Probate
heirs
“Heirs” or “heirs at law” means those persons, including the surviving spouse, who are entitled under the statutes of intestate succession to the property of a decedent. Heirs are often called “Beneficiaries” or “Devisees” of an estate as they inherit the property of another. The term “beneficiary” does not apply to an heir at law or a devisee after … Full Definition »
Law topic: Wills & Probate << Legal issue: Wills & Probate
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next of kin
Next of Kin is a term used to describe person's closest living blood relative or relatives. Usually it is a child, parents, grandparents, aunts and uncles and so on. "Next of kin" includes an adopted child or his or her descendents and the adoptive parent of the adopted child. (Texas Probate Code). Generally speaking, spouses are not next of kin of each … Full Definition »
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