Probate Law Terms and Definitions

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

Beneficiary
A person designated to receive the income or principal of a trust estate.

Health care directive
A legal document that lets others know one's wishes regarding medical care and treatment, funeral arrangements, organ donation, and other health care concerns.

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

Decedent
A person who is deceased.

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

Power of attorney
A legal agreement that authorizes someone to handle or share in handling the financial matters of another person. A "durable" power of attorney can continue to give power to another in handling financial matters after incapacitation has occurred.

Assets
All property owned by a person that can be used or made available to use in the payment of debts and heirs.

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

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.