Probate and Estate Administration Glossary

Here are brief definitions of some of the words related to the processes of Probate and Estate Administration. If you need more information or help with administering an estate or probating a Will, call estate administration attorney Randi Newbery at 973-992-5034.

Administrator or Administratrix:

A man or woman appointed by the Surrogate to manage and distribute the Estate of a decedent who dies without a Will. Also known as a Personal Representative.

Beneficiary:

A person or organization designated to receive money, property, or benefits.

Bequest:

A gift of personal property by a Will.

Bequeath:

To leave money, property, or one's body to a person or organization.

Caveat:

A formal notice filed with the Surrogate's office to prevent the proving of a Will or the grant of administration of an estate.

Codicil:

An additional supplement to an original Will that adds to or deletes only part of a Will.

Decedent:

A person who has died.

Devise:

A gift, usually of real estate, by the terms of a Will.

Domestic Partner:

A person who is in a New Jersey registered domestic partnership.

Estate:

All of the money and property owned by a person as well as liabilities due at the time of his death.

Executor or Executrix:

A man or woman named in a Will to carry out the terms of their Will, also known as a personal representative.

Guardian:

A person who has been qualified or been appointed to look after and take care of the person or property of a minor or a mentally or physically disabled adult.

Heir:

A person who inherits property from a deceased person.

Intestate:

A person who dies without having made a Will.

Joint Tenants with Rights of Survivorship:

Two or more persons owning real estate or bank or brokerage accounts where the survivor will inherit the property.

Legatee:

Anyone who receives real or personal property under a Will.

Lien:

A charge upon property, real or personal, for the satisfaction of a debt.

Personal Property:

Tangible property such as jewelry, furniture, or cars and intangible property such as stocks, bonds, or bank accounts.

Probate:

Official proof of authenticity or validity of a Will.

Real Property:

Land and buildings.

Surrogate:

The elected county official who oversees probate in the State of New Jersey.

Tenants in Common:

Two or more persons owning undivided individual interests in a single piece of property.

Tenants by the Entirety:

Property owned as husband and wife with rights of survivorship.

Testator or Testatrix:

The person who makes a Will.

Trust:

A legal entity created by a grantor for the benefit of a beneficiary or multiple beneficiaries under New Jersey state law. The trust is administered by the trustee for the benefit of the beneficiaries.

Will:

A legal declaration of the manner in which a person wishes his or her estate to be divided after death.

Witness:

A person who is present at the signing of a Will or Codicil and attests to the signature of the Testator or Testatrix.