Probate Ch 1-2 Flashcards
Will
Written document where creator disposes of property
Testator
Dies with a valid will
Beneficiary
Person who receives property
Ambulatory
Binding only upon death
Estate
Totality of deceased’s property
Personal representative
Person who administers deceased estate
Tangible personal property
Can be touched
Intangible property
Cannot be touched
Owned severally
One person
Probate assets
Requires probate court to distribute
Non-probate assets
Property passes by matter of law
By operation of law
Automatically
Estate planning
How assets will be distributed
Mere expectancy
Named beneficiary expects it but doesn’t get it until death
Poor man’s will
Property to themselves and children with life tenant
Revocable
Take back
Joint tenancy
2 or more equal ownership
Tenancy in common
Different dates, sources, interest, or rights.
Community property
Acquired by husband and wife during marriage
Life estate
Use the property until death
Life estate pur autre vie
Life estate held in the life of another