Glossary of Terms

Administrator
A person appointed by the court to manage the estate of a person who dies without a Will.

Affidavit of Next of Kin
A document issued by the Surrogate which allows the next of kin to dispose of the decedent's property. This affidavit is issued in cases where there is no will, no spouse, and the total value of the property does not exceed $20,000.

Affidavit of Surviving Spouse
A document issued by the Surrogate which allows the spouse of the deceased to dispose of the property. This affidavit is issued in cases where there is no will and the value of the estate in the deceased’s name does not exceed $50,000.

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

Bequest
A gift of personal property by a Will.

Bequeath
To dispose of personal property through a Will.

Caveat
A formal notice filed with the Surrogate’s Court by someone to prevent the probate of a Will or the granting of administration of an estate.

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

Decedent
A deceased person.

Devise
A gift of real or personal property made by Will.

Disclaimer of Interest
A written document voluntarily signed by an heir to an estate in which the said heir does not accept (disclaims) the part of the estate of a deceased person which the heir is entitled to receive.

Estate
Real and personal property and possessions; everything a person owns.

Executor
A person named in a Will to carry out the wishes and intentions of the Will. (Also known as the Personal Representative)

Guardian
A person entrusted by the law with the fiduciary care of a person, as a minor or an adult incapacitated person or of their property.

Heir
A person who inherits property from a deceased person.

Intestate
A person who dies without a Will.

Legatee
Person who receives personal property under a Will.

Living Will
Helps you plan ahead for important health care decisions by utilizing documents known as an Advanced Directive for Healthcare and Durable Power of Attorney. Allows someone else to make medical decisions for you, when you are unable to.

Minor
A person who is under the age of 18.

Notice of Probate
A notice in writing signed by the Executor of the Will to all beneficiaries under the Will and to all the next of kin who would inherit under the intestacy rule that the Will has been probated, the place and date of the probate, the name of the Executor and a statement that a copy will be provided upon request.

Personal Property
Intangible property, such as stocks, bonds, or bank accounts; tangible property such as furniture, or jewelry.

Probate
The process by which a Will is determined to be genuine.

Real Property
Land and buildings.

Renunciation
The act of giving up a right.

Short Certificate
Legal document issued by the Surrogate’s Court to the Executor or Administrator of an estate that is used as proof of their authority to transfer or sell assets of the decedent.

Surrogate
The elected county official who oversees probate in the State of New Jersey, and also acts as the Clerk of the Superior Court, Chancery Division/Probate Part in the settlement of estates, guardianships, and trusts.

Testator
The person who makes a Will.

Trust
A property held and managed by one person for the benefit of another.

Trustee
A person appointed to hold property in trust for another.

Waiver
A legal instrument relinquishing a right or lien.

Will
A legal document declaring the manner in which a person wishes their estate to be divided after death. It also requests the appointment of an Executor and Alternate Executor.

Witness
Person who observes the signing of a Will and also attests to the signatures.