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February 06, 2012
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Probate Law Terms and Definitions

 
 

Decedent
A person who is deceased.

Heir
Those persons, including a spouse who are entitled to the property of a decedent when the decedent has left no valid will.

Escheat to the state
When no heirs have made claims to either all or part of an estate, the state receives the unclaimed estate.

Revocation
In terms of wills, the process or act of canceling or destroying an existing will.

Guardian
A person or entity who is appointed by the court to exercise many powers for the care of an incapacitated person, the person's estate, or both.

Living Trust
A living trust is an estate planning device that allows a person to transfer assets to one or more persons before and after they die.

Personal representative
The person responsible for the administration of an estate. This includes paying creditors and heirs.

Codicil
An amendment to a will. It is a separate document.

Health care directive
A legal document that lets others know one's wishes regarding medical care and treatment, funeral arrangements, organ donation, and other health care concerns.

Power of attorney
A legal agreement that authorizes someone to handle or share in handling the financial matters of another person. A "durable" power of attorney can continue to give power to another in handling financial matters after incapacitation has occurred.

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Did You Know?    
 
 
Probate Transfers Legal Title Of Property
Probate is the means by which legal title of property transfers from the estate of the person who has died, to his or her proper beneficiaries. The term "probate" refers to proving the existence of a valid Will, or determining and proving who one's legal beneficiaries are if there is no Will. Since you can't take it with you, probate is the process used to determine who gets your property.

 


  Newsroom  
 


Latest news about probate cases in New York and nationwide:

Testimony Of The Division Of Criminal Justice In Opposition To: S.B. No. 1238
The Division of Criminal Justice strongly opposes S.B. No. 1238 and would respectfully request that the Committee reject this bill. The bill is not...
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PROBATE LAW APPROVED IN MASSECHUSETTS
 Chief Justice Dunphy has announced that Chief Justice for Administration and Management Robert A. Mulligan approved Standing Order 1-06, ...
Read more >


More Than Half Of College Seniors Have Debt And 38 Percent Delay Buying A Home Due To Student Loan Debt
INDIANAPOLIS – Today Indiana House members passed Senate Bill 459, which contains an amendment offered by State Rep. Trent Van Haaften (D-Mount Ver...
Read more >


More Probate News >

 
 

Probate Terms

 
 


Today's Terms

Beneficiary

Definition:
A person designated to receive the income or principal of a trust estate.

Codicil

Definition:
An amendment to a will. It is a separate document.

Attorney-in-fact

Definition:
This person receives the powers allocated in a power of attorney, such as a right to handle another person's financial matters.

More Probate Terms >

 
 

Probate Resources

 


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Probate Hot Topics

 


Topics Related to Probate:

  • Probate Court
  • Last Will and Testament
  • Living Will
  • Power of Attorney
  • Trust Planning
  • Asset Protection
  • Special Needs Trusts

More Probate Topics >

New York Probate Attorney

 
If you live in the following cities and need an probate attorney you should contact our Probate Attorney as soon as possible:


  • Astoria
  • Auburn
  • Bay Shore
  • Brentwood
  • Bronx
  • Brooklyn
  • Buffalo
  • Corona
  • Elmhurst
  • Elmont
  • Endicott
  • Fairport
  • Far Rockaway
  • Flushing
  • Forest Hills
  • Freeport
  • Hamburg
  • Hempstead
  • Huntington
  • Huntington Station
  • Ithaca
  • Jackson Heights
  • Jamaica
  • Jamestown
  • Levittown
  • Lindenhurst
  • Lockport
  • Long Beach
  • Massapequa
  • Middletown
  • New York
  • Newburgh
  • North Tonawanda
  • Patchogue
  • Poughkeepsie
  • Rego Park
  • Ridgewood
  • Rochester
  • Rome
  • South Ozone Park
  • South Richmond Hill
  • Spring Valley
  • Staten Island
  • Tonawanda
  • Troy
  • Webster
  • West Babylon
  • Westbury
  • Whitestone
  • Woodside
  • Yonkers


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