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Glossary of Terms GLOSSARY OF TERMS Administrator/Administratrix A person appointed by the Register of Wills or the Court to gather and distribute assets of persons who died without leaving a will. Affidavit A written or printed declaration or statement of facts confirmed by the oath or affirmation of the party making it. Beneficiary A person who receives property or other benefits. Heir at law, in an intestate estate; devisee, in a testate estate. Claim A liability of the decedent, whether arising in contract, tort, or otherwise, and funeral expenses. The term does not include expenses of administration or estate, inheritance, succession, or other death taxes. Codicil A supplement or addition to a will. It may explain, modify, add to, subtract from, qualify, alter, restrain, or revoke provisions in a will. It must be executed with the same formalities as a will. Creditor An individual or entity to which an estate may be indebted. Decedent A deceased person; the person who died. Disclaimer The rejection, refusal, or renunciation of a claim to property. Domicile A person’s usual place of dwelling and shall be synonymous with “residence.” Elective Share The surviving spouse’s right to take a statutory share of the decedent’s estate rather than under a will or the intestate laws. Estate Property of a decedent that is the subject of administration. This does not include assets held in trust or assets with a living beneficiary. Executor/Executrix A person nominated by the testator (maker) of a will to carry out the provisions in the will. Filing/Registering a Will The filing of an original will at the Register of Wills office after an individual’s death. Heir An individual entitled by law to inherit from another, by will or intestacy. Interested Persons This includes heirs, devisees, children, surviving spouse, creditors, beneficiaries, and any others having a property right in or claim against the estate of a decedent which may be affected by the particular proceeding. Intestate A decedent who left no Will. Intestate Succession The laws that stipulate who is to take the decedent’s property if the decedent dies without a valid will or if the decedent’s will does not dispose of all property. Joint Tenancy Property held in the names of two or more persons. The property automatically passes to the surviving joint tenant on the death of the joint tenant or joint tenants. Issue All of a person’s lineal descendants (children, grandchildren, great- grandchildren, etc.). Letters of Administration The order issued by the Register of Wills empowering a party to gather and distribute the assets of an estate without a will. Letters of Administration are also used when a will does not name an executor or when the named executor of a will has died, renounced (given up) their appointment, or is not qualified to act on behalf of the estate. Letters Testamentary The order issued by the Register of Wills to the executor named in the will of the decedent to allow the executor to administer the estate. Life Estate A right to use or occupy property for the life of the person named, which ends upon the death of the person named. Next of Kin Those persons most closely related to a decedent by blood (i.e. children, parents, brothers and sisters, etc.). Personal Property Any property which is not included in the definition of real property; tangible property such as: furniture, books, automobiles, jewelry and money, stocks, bonds and/or bank accounts. Personal Representative The person named in a will (Executor/Executrix) or appointed by the Register (Administrator/Administratrix) to administer an estate. Per Capita A method of distribution where the share of any beneficiary that predeceases the decedent is redistributed to the remaining beneficiaries. Per Stirpes This phrase refers to the method of dividing a share of an estate where a class or group of beneficiaries taken if he/she survived the testator. For example, if person P dies leaving no spouse and is survived by two children. A and B and the two children of his deceased child C (E and F)-then A and B would each receive 1/3 of the estate and E and F would equally share C’s 1/3, thereby each receiving 1/6. Probate (1) The entire system or process provided by law for transferring the property of a decedent of heirs; and (2) The act or process of proving a Will to be valid before the Register of Wills. Real Property Land and things attached to land; buildings, fences, walls, trees, crops, etc. Residuary Estate The assets in an estate after all gifts are bequeathed and debts, taxes and administrative costs are paid. Self-Proving Will A will that includes an affidavit confirming that at the time the will was signed, the witnesses’ and the decedent’s signatures were notarized by a qualified notary public. Spousal Allowance The surviving spouse’s right to request up to $7,500 from the Personal Representative in addition to any other provisions for his/her benefit contained in a will or by intestate law. A written request sent to the Register of Wills is required. Testate Without a will. Testator/Testatrix Perso who makes a Will (the maker) Trustee Person or entity authorized by a trust document to handle certain property matters on behalf of another, separate from a will. Wills for Safekeeping A service offered by the New Castle County Register of Wills for safe storage of an individual’s Will while living. Witness A person who is over 18, not incompetent, and witnesses the testator’s original signature to a will and who, in the presence of the testator, signs the will attesting his/her presence at the time the testator signed, or acknowledged signing, the will. A person is not disqualified from behind a witness because he or she is a beneficiary of the testator..
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