California Probate Glossary

sebfreyProbate and Estate

Abatement A proportional diminution or reduction of the pecuniary legacies, when there are not sufficient funds to pay them in full. Ademption When property mentioned in a will cannot be given to a beneficiary because it no longer belonged to the deceased at the time of death. For example, the particular gift may have been destroyed, sold, or given away between the time of the will and the time of death. Administrator A person or institution appointed by a court to act on behalf of the deceased person in connection with the administration of a decedent’s estate. Administrator with Will Annexed (for Administrator CTA) An administrator appointed by a court to act on behalf of the deceased person who left a will, but where no nominated executor is willing and able to act. Affidavit A written statement or affirmation made under penalty of perjury that requires notarization. Ancillary Administration An administration of a decedent’s property located in a state other that the state of the decedent’s domicile. Beneficiary The individual or corporation who receives the benefit of a transaction (e.g., beneficiary of a life insurance policy, beneficiary of a trust, or beneficiary under a will.) Codicil An addition to a will, the codicil may modify, add to, subtract from, qualify, alter, or revoke provisions in the will. The codicil is a separate document. It is signed with the same formalities as a will. The codicil can be changed, revoked, cancelled, or destroyed at any time. Community Property Real or personal property that is owned in common … Read More