Glossary of Terms

Administrator
A person appointed by the Surrogate’s Court or Superior Court to manage the estate of a person who dies without a valid Last Will and Testament.

Affidavit of Next of Kin
A document issued by the Surrogate that allows the next of kin to dispose of a decedent’s probate assets; issued when the decedent died without a Last Will and Testament, was not married at the time of death, and owned no more than $20,000 in probate assets.

Affidavit of Surviving Spouse
A document issued by the Surrogate that allows the surviving spouse to dispose of a decedent’s probate assets; issued when the decedent died without a Last Will and Testament and owned no more than $50,000 in probate assets.

Beneficiary
A person designated by a Last Will and Testament to receive something from the estate of a decedent.

Bequeath
To dispose of personal property through a Last Will and Testament.

Bequest
A gift of personal property made through a Last Will and Testament.

Caveat
A formal notice filed with the Surrogate’s Court to prevent the probate of a Last Will and Testament or the granting of Letters of Administration for an estate.

Codicil
An addition or supplement to a Last Will and Testament that adds, changes, or removes a provision contained in the original Last Will and Testament.

Decedent
A deceased person.

Devise
A gift of real or personal property made through a Last Will and Testament.

Disclaimer of Interest
A written document voluntarily signed by an heir who declines all or part of an inheritance to which the heir is entitled.

Estate
The real property and personal property belonging to a person.

Executor
A person named in a Last Will and Testament to carry out its instructions and administer the estate.

Guardian
A person legally entrusted with the fiduciary care of a minor or an incapacitated adult and/or that person’s property.

Heir
A person who inherits property from a deceased person.

Intestate
Having died without a valid Last Will and Testament.

Last Will and Testament
A legal document stating how a person wishes their estate to be distributed after death and requesting the appointment of an Executor.

Legatee
A person named in a Last Will and Testament to receive a portion of the estate of the decedent.

Living Will
A document that states a person’s health care wishes if that person becomes unable to communicate or make medical decisions on their own behalf.

Minor
A person under 18 years of age.

Notice of Probate
A written notice from the Executor to beneficiaries and next of kin stating that the Last Will and Testament has been probated. It identifies the place and date of probate, the name and address of the Executor and indicates that a copy of the Last Will and Testament will be provided upon request.

Personal Property
Property other than real estate, such as stocks, bonds, bank accounts, furniture and jewelry.

Probate
The legal process by which a Last Will and Testament is determined to be genuine and valid.

Real Property
Land and physical structures attached to it.

Renunciation
The act of formally giving up a right.

Surrogate
The elected county official who oversees probate in the County Surrogate’s Court and serves as Deputy Clerk of the Superior Court, Chancery Division, Probate Part.

Testator
A person who makes a Last Will and Testament.

Trust
Property held and managed by a person/persons or entity/entities for the benefit of another.

Trustee
A person or entity appointed to hold and manage property in trust for another.