Wills Terminology

Question 1

Testate

Answer 1

when a person dies w/ a will

Question 2

Testator

Answer 2

Person who dies w/ a will.

Question 3

Beneficiary

Answer 3

Person who receives a bequest (sometimes called a legacy or devise for those who inherit real property) under a will

Question 4

Executor

Answer 4

Personal rep named in the will to administer the estate of testator

Question 5

Probate Proceeding

Answer 5

Surrogate’s Court proceeding to:
1- judicially determine whether the will was validly executed and determine the intestate distributes; AND
2- appoint the executor to administer the testator’s estate

Question 6

Testate Estate

Answer 6

Assets held in the testator’s name alone that DO NOT pass by operation of law AND which the executor administers in accordance w/ the testator’s will.

Question 7

Satisfaction of Legacy

Answer 7

a lifetime gift to a will beneficiary (like a intestate advancement)

Question 8

Residuary

Answer 8

The balance of the testator’s estate after all claims, taxes and bequests have been distributed

Question 9

Operation of law

Answer 9

property that passes automatically b/c of the way the property’s title is held, regardless of the existence of a intestacy or by will.