An absolute estate is an estate that confers an absolute right to property and which is not subject to limitations, restrictions, or conditions. It is a full and complete estate…

Active trust is a trust in which the trustee has some affirmative duty of management or administration besides the obligation to transfer the property to the beneficiary. An active trust…

Adjusted gross estate refers to total value of a decedent’s property after deducting expenses such as : 1.administration expenses, 2.funeral expenses, 3.creditor’s claims, and 4.casualty losses. The value of the…

Administered estate refers to the estate of a decedent managed and handled by executor or administrator. Administrator will pay all the debts of the decedent and expenses of administration and…

Administration expense refers to the necessary expenditure incurred by an administrator while managing and distributing the estate of the deceased. It can be deducted from the taxable income even if…

Administration letters is an instrument issued by a probate court, surrogate, or other proper officer authorizing the administrator or administratrix to take charge and administration of the goods and property…

Administration of estates refers to management and settlement of estates of an intestate. Intestate is a person who dies without a legal will. Administration of estates is usually done under…

Administration pendente lite means an administration granted during the pendency of a suit pertaining to the validity of a will. Administration pendente lite continues during the litigation, and letters will…

Administrator can refer to A person appointed by the probate court to manage the assets and liabilities of a person who dies without a will or without naming an executor.…

Administrator ad litem means a special administrator appointed by the court to supply a necessary party to an action in which the deceased or his/her estate is interested. The reasons…

Administrator de bonis non (D.B.N) are persons appointed by the court of probate to administer the effects of a decedent which has not been included in a former administration. The…

Administrator pendente lite is an administrator appointed as a temporary arbitrator in an adjudication of intestacy made for purpose of preserving assets of the estate. An administration pendente lite is…

‘Administrator with will annexed’ is an administrator of deceased’s estate appointed after the executors named in the will refuses or are unable to act. Generally, an ‘administrator with will annexed’…

An administatrix is a woman appointed by the probate court to manage the assets and liabilities of a person who dies without a will or without naming an executor. Administratrix…

Advance directives are instructions pertaining to treatment preferences and health care given by individuals about what actions should be done or not done, in the event of their incapability to…

Advancement is subject to different meanings, but in estate law, it refers to an irrevocable gift made by a person to one of his or her children or heirs in…

The affidavit of heirship document is used to declare who the heirs of a deceased person are. It is commonly used to establish ownership of personal and real property when…

An affidavit of small estate is a legal document by which the property is transferred to the heirs and beneficiaries after the death of a person. It is usually executed…

An affidavit of trust is a document used to prove the existence and certain terms of a trust, without disclosing the particulars of the trust plan. Along with specific pages…

An agent is a person authorized to act on behalf of another. Under probate law, an agent includes an attorney under a durable or non durable power of attorney. S/he…

All the estate I own is a phrase from a poorly drafted will which means the possessions owned by the deceased at the moment of death, not when the will…

All-the-estate clause is a clause used in the English law. It refers to the provisions in a conveyance that transfers all the estate, rights, title, interest, claims, and demand of…

Alternate Executor refers to a will maker’s second choice of executor, if the first choice does not choose to serve as executor. Sometimes even though the decedent leaves a valid…

Alternate legacy is a legacy by which a testator gives a legatee one of two or more items without designating which one to take.

Alternate trustee refers to a will maker’s second choice as trustee if the first choice cannot or does not choose to serve as trustee.

Ambulatory will refer to a will that can be altered during the testator’s lifetime. Generally all wills are considered ambulatory because as long as the person who made it lives,…

When people make plans for their final disposition after death, many choose to donate all or part of the body to medicine. It’s a generous gesture. But because there are…

Ancestor refers to a predecessor in the family line. Any one from whom an estate is derived by act of law and right of blood is in a legal sense…

An ancestral estate is an estate that is acquired by descent or by operation of law. They main consideration in determining entitlement to an ancestral estate is lineage.

Ancillary administration is a probate court proceeding that is supplementary to the administration at the place of the decedent’s domicile. It is generally conducted in a different state from the…

An Ancillary administrator is an administrator appointed by court in a state in which the descendant was not domiciled. The main functions of an ancillary administrator are: (1)to oversee the…

Probate proceeding conducted in a state other than the state where the decedent lived and the primary probate occurred is ancillary probate. This occurs when the probate takes place in…

Annuity can refer to a series of fixed-amount payments paid at regular intervals over the period of the annuity. The determining characteristic of an annuity is that the annuitant has…

An annuity is a life insurance company contract that pays periodic income benefits for a specific period of time or over the course of the annuitants lifetime. These payments can…

Annuity trusts refer to trusts in which the trustee pays a certain sum annually to the beneficiaries for their respective lives or for a certain term of years. Upon the…

What is an Antenuptial Agreement? An antenuptial agreement is a written contract created by two people planning to be married. The agreement typically lists all of the property each person…

Appreciated property is the real, personal, or intangible assets having a fair market value greater than their original cost. Additionally, the appreciated property has got adjusted tax basis or book…

Asset protection trust is a type of Trust that is designed to protect a person’s assets from claims of future creditors. In such trusts the settlor is also the person…

Assets of a decedent’s estate is the property of a decedent, subject to the payment of the debts of the decedent, including real and personal, corporeal and incorporeal, property. However,…

Attestation Clause refers to a provision at the end of an instrument where the witnesses certify that the instrument has been executed before them, and the manner of the execution…

An Attorney-in-fact is a person who holds the power of attorney. He or she is the person who is legally designated to transact business or execute documents on behalf of…

Augmented Estate is usually the property owned by both a deceased person and the surviving spouse, plus any property the deceased spouse gave away shortly before death. Its value is…

In a bare trust, the beneficiary has a right to both income and capital and may call for both to be remitted in his/her own name. Bare trust is also…