Probate Law Terms and Definitions

Conservator
A person or entity who is appointed by the court to exercise certain powers for the care of an incapacitated person, the person's estate, or both.

Revocation
In terms of wills, the process or act of canceling or destroying an existing will.

Escheat to the state
When no heirs have made claims to either all or part of an estate, the state receives the unclaimed estate.

Codicil
An amendment to a will. It is a separate document.

Payable on death account (POD)
An account, such as a bank account, that is handed over to a specified person upon another person's death.

Property
The money a person has and the things a person owns.

Estate
All of the property owned by a person, including real estate and personal property.

Probate
The process of settling your estate after you die, including paying creditors and heirs, and validating a will (if there is one).

Heir
Those persons, including a spouse who are entitled to the property of a decedent when the decedent has left no valid will.

Personal representative
The person responsible for the administration of an estate. This includes paying creditors and heirs.