Key Terms

Question 1

What is probate?

Answer 1

Probate refers to the court proceedings in which it is judicially determined that the decedent left a validly executed will or - if the will is invalid - that the decedent died without a will, after which his intestate heirs are then determined.

Question 2

What is a personal representative?

Answer 2

The person who handles the decedent’s estate.

If a valid will names a person to administer the estate, then this person is called an EXECUTOR, or it no one is named or the decedent died without a valid will, then the person is called an ADMINISTRATOR.

Question 3

What is testate succession?

Answer 3

When property passes under a valid will, the property passes testate.

Question 4

What is intestate succession?

Answer 4

If property passes outside of any valid will, and thus according to the state statutes providing for this, the property passes intestate.

Question 5

Distinguish heirs from descendants

Answer 5

Heirs are the persons who take under intestate succession.

Descendants are persons who take from a decedent in a descending fashion,
such as children, grandchildren, etc.

Question 6

What do devisees, legatees, and beneficiaries have in common?

Answer 6

These are persons who take under a valid will, under testate succession.