DEFINITIONS/GLOSSARY for probate

ADMINISTRATION

(also known as Personal Representative) Person appointed by the court to manage and distribute the estate of a person who dies without a Will.

BENEFICIARY

A 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 delete or add to provisions of a Will.

CONTINGENT BENEFICIARY

A recipient of property or benefits if first named beneficiary dies before receiving all benefits.

CONTRACT

A legally enforceable agreement.

DECEDENT

A deceased person.

DEVISE

A gift of real or personal property made by Will.

DOMESTIC PARTNER

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

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.

EXECUTOR

(Also known as Personal Representative) A person or institution named in the Will to carry out the provisions and directions of the Will.

GUARDIAN

A person who has qualified and/or been appointed as a guardian of the person and/or property of a minor or adult incapacitated person.

HEIR

A person who inherits property from a deceased person.

INTANGIBLE PERSONAL PROPERTY

A property that lacks physical evidence.

INTESTATE

When a person dies without a  valid Will.

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 by 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, automobiles and jewelry.

PROBATE

Judicial determination as to the validity of the Will.

REAL PROPERTY

Land and/or buildings.

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

The elected county official who oversees probate administrations and affidavits in the State of New Jersey.

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 undivided individual interests in a single piece of property.

TENANTS BY THE ENTIRETY

Real property owned as husband and wife with rights of survivorship.

TESTATOR

The person who makes the 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 his estate 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.

Source https://www.mercercounty.org/government/county-surrogate/glossary