Wills - INTESTACY (Definitions)

Question 1

Intestate

Answer 1

When a person dies WITHOUT a will

Question 2

Decedent

Answer 2

A person who dies WITHOUT a will

Question 3

Distributee

Answer 3

(sometimes known as an heir, or next of kin) A person who inherits property under intestate succession

Question 4

Issue

Answer 4

(sometimes known as descendants) ALl persons who have descended from a common ancestor, including those in direct line of inheritance with the decedent - e.g. children, grandchildren, etc.)

Question 5

Administrator

Answer 5

ADMINISTRATOR - A person (usually a distributee) appointed as a personal representative to administer the estate of the decedent

Question 6

Administration Proceeding

Answer 6

A proceeding initiated by a distributee to appoint an administrator and administer the property of the decedent

Question 7

Intestate Property

Answer 7

Assets held in the decedent’s name alone, that do not pass by operation of law or by Will and which the administrator administers in accordance with the EPTL

Question 8

Operation of Law

Answer 8

Property that passes automatically because of the way the property title is held, regardless of the existence of a Will or intestacy

Question 9

Residuary

Answer 9

The balance of the decedent’s estate after all claims, taxes and “particular” bequests have been distributed. The “rest” of the estate