Glossary

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Administrator, Administratrix:
Person or institution appointed by the court to manage and distribute the estate of a person who dies without a Will.

Beneficiary:
Person named to receive property or benefits.

Bequest:
A gift of personal property by a Will.

Bequeath:
To dispose of personal property through a Will.

Caveat:
A formal Notice filed with the Surrogate's Court by someone to prevent the proving of a Will or the grant of administration of an estate.

Civil Union Partner:
A person entered into a legally recognized union of the same sex who receives the same benefits and protection and is subject to the same responsibilities as spouses in a marriage.

Codicil:
An addition or supplement made to change or add provisions to a Will.

Contingent beneficiary:
Receiver of property or benefits if first-named beneficiary dies before receiving all benefits.

Contract:
Legally enforceable agreement.

Curtesy:
Widower's interest in wife's real estate by law.

Decedent:
A deceased person.

Devise:
To give property under a Will.

Domestic Partner:
A person who is in a registered domestic partnership recognized by certification with the State of New Jersey.

Dower:
Widow's interest in husband's real estate by law.

Electronic:
Relating to technology having electrical, digital, digital magnetic, wireless, optical, electromagnetic or similar capabilities.

Estate:
Everything a person owns; all real and personal property owned.

Executor, Executrix:
A person or institution named in the Will to carry out the provisions and direction of the Will.

Guardian:
A person appointed to manage and take care of the person or the property belonging to a minor or incapacitated person.

Heir:
A person who inherits property from a deceased person.

Intangible Personal Property:
A property that lacks physical evidence.

Intestate:
A person who dies without making a valid Will.

Issue:
A person's child or children, natural or adopted, and their descendants.

Joint Tenancy With Rights of Survivorship:
Two or more persons owning real property where the survivor will inherit the property.

Legatee:
A person who receives a gift under a Will.

Levied:
To collect an assessment.

Lien:
A charge upon property, real or personal, for the satisfaction of a debt.

Notice of Probate:
A notice in writing signed by the Executor of the Will to all beneficiaries under the Will and to those who would have inherited under the intestacy rule that the Will has been probated, the place and date of the probate, the name and address of the Executor and a statement that a copy of the Will shall be furnished upon request.

Personal property:
Intangible property, such as stocks, bonds, or bank accounts; and tangible property such as furniture, automobile, jewelry.

Probate:
Official proof of the genuineness of a Will.

Real Property:
Land and buildings.

Residuary Estate:
What remains of a testator's estate after deducting the debts, and the legacies and devices.

Short Certificate:
Legal document issued by the Surrogate’s Court to the Executor or Administrator of an estate that is used as proof of his/her authority to transfer or sell assets of the deceased.

Surrogate:
A judicial officer who has jurisdiction over the probate of Wills in the absence of a contest and acts as the Clerk in the settlement of estates, guardianships, and trusts.

Tangible Personal Property:
Personal property that can be seen, received, felt or touched or is in any way perceptible to the senses. 

Tenants in Common:
Two or more persons owning individual interest property.

Tenants by the Entirety:
Real property owned as husband and wife with rights of survivorship.

Testamentary Guardian:
A person named in a Will as guardian for a minor or an incapacitated person.

Testate:
The condition of one who leaves a valid Will at his death.

Testator, Testatrix:
The person who makes a Will.

Trust:
A property held and managed by one person for the benefit of another.

Trustee:
A person or institution holding property in trust.

Waiver:
A legal instrument relinquishing a right or lien.

Will:
A legal declaration of the manner in which a person wishes their estate  is distributed after death.

Witness:
A Person who observes the signing or acknowledgement of a will by the testator and who signs the will attesting to the observation.

 

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