Glossary Of Common Probate Terms
The intent of this glossary is to provide individuals going through probate with a general understanding of terms commonly used in Probate Law and their application. The definitions within this document are not comprehensive and are not intended to serve as a substitute for independent research of the law or for a probate attorney. We have however, reviewed the terms and we have worked with members of the law to check and review our content to provide you with the best and most up to date information. We believe that probate can be confusing and understanding the different terms is very important to navigate the process.
If you have any questions or would like to contribute to our glossary, please feel free to visit our contact page.
- Real property Land and all the things that are attached to it. Anything that is not real property is personal property. A house is real property, but a dining room set is not. Real property, on the other hand, is described as the benefits, rights, and(...) Read More
- Receipts In Probate When a person dies, their assets are usually probated to determine what should happen with them. The court makes sure that all of these items are distributed according to the law in place and reports any receipts from those funds on schedule(...) Read More
- Residuary estate Also known as residue of the estate. Portion of the estate left after bequests of specific items of property are made. The assets remaining in a deceased person's estate after all bequests, debts, taxes, and other expenses (such as probate(...) Read More
- Respondent A Respondent in a matter is the person against whom one's petition for dissolution, nullity or adoption has been filed. Respondent refers to the party who has been served with a petition, especially one that is on appeal. It is possible for(...) Read More
- Retainer Refers to the upfront payment a client gives a lawyer to accept a case. The client is paying to “retain” the lawyer’s services. A retainer fee is an advance payment paid by a client to a specialist, and it is regarded as a down payment on(...) Read More
- Revocable trust A legal document that may be changed or cancelled that allows you to maintain control of your assets. It is used to avoid probate and for estate planning purposes. Unlike a will, the assets in a revocable trust are transferred while the(...) Read More
- Right of survivorship In a joint tenancy, the property automatically goes to the co-owner if one of the co-owners dies. A co-owner in a joint tenancy cannot give away his or her share of the property. Right of survivorship is based on the way the property is(...) Read More