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Trust and Probate Terminology

Administrator:
A person, or financial institution, appointed by the court to oversee an estate where there is no will. The Administrator is also commonly referred to as the Personal Representative.

Administrator With Will Annexed:
A person, or financial institution appointed when the will does no name an Executor or the named Executor cannot serve.

Beneficiary:
A person who inherits property because he or she is named in a will or trust, or designated as the recipient upon the death of the owner of an annuity, life insurance policy, qualified retirement plan or financial account.

Codicil:
A document which legally changes a will through supplement or amendment.

Decedent:
A person who has passed away.

Estate:
A decedent's total assets, both real and personal, which are managed by the Personal Representative.

Executor:
The person named in the will to carry out the directions as set forth in the will. The Executor is also commonly referred to as the Personal Representative.

Heir:
A person who inherits through the laws of intestacy when there is no will.

Intestate:
Without a will.

Letters of Administration:
The court document issued to a person authorizing them to act as the Administrator (no will).

Letters Testamentary:
The court document issued to a person authorizing them to act as Executor (named in will)

Personal Representative:
A person, or financial institution, appointed to oversee an estate whether as executor, administrator or administrator with will annexed.

Probate:
The court process that determines the validity of the will and the supervision of its administration.

Testate:
A person who dies with a valid will or trust dies testate and the estate is disposed of according to the will or trust.

Trust:
A document that avoids probate which directs the disposition of a person's property after death.

Trust Estate:
A decedent's total assets, both real and personal, which are managed by the Trustee.

Trustee:
A person, or financial institution, nominated by the creator of a trust to to carry out the directions as set forth in the trust.

Will:
A document that requires probate which directs the disposition of a person's property after death.

If you, a family member, or a friend, have a question, please contact us at telephone number 818-444-2022, or send an immediate email inquiry to one of our qualified lawyers.

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Westlake Law Group is committed to answering your questions about Estate Planning, Trust, and Probate Law issues. We'll gladly discuss your case with you at your convenience. Contact us today to schedule an appointment.

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