Terminology

Question 1

Decedent

Answer 1

Someone who has died.

Question 2

Will

Answer 2

Legal document used to dispose of the decedent’s property.

Question 3

What does it mean when a decedent dies intestate vs. testate?

Answer 3

1. Intestate: the decedent dies without a will.
2. Testate: the decedent dies with a will.

Question 4

Codicil

Answer 4

A supplement that either amends or revokes a decedent’s will in whole or in part.

Question 5

Probate

Answer 5

Judicial process for administering and settling a decedent’s estate.

Question 6

Intestate Succession

Answer 6

A default estate plan developed by the legislature for distributing property when the decedent dies intestate.

Question 7

Who are the parties that could show up in a wills & estate problem?

Answer 7

• Heirs: Individuals entitled to receive property by intestate succession (note: living people do NOT have heirs).
• Spouse: Descendant’s marital partner.
• Issue/Descendants: Decedent’s lineal line (i.e. their kids, grandkids, etc.)
• Ancestors: decedent’s parental line (i.e. parents, grandparents, etc.)
• Collaterals: decedent’s relatives through an ancestor (i.e. siblings, cousins, aunts, uncles, etc.)