General Probate Provisions: Definitions

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Author:
nikizalez
ID:
103405
Filename:
General Probate Provisions: Definitions
Updated:
2011-09-27 18:51:51
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Probate Definitions
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Chapter 1 - Probate Code
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  1. A domestic or foreign corporation authorized to do business in the State of Texas for the purpose of issuing surety, guaranty or indemnity bonds guaranteeing the fidelity of executors and administrators.
    "Authorized corporate surety"
  2. includes an adopted child, whether adopted by any existing or former statutory procedure or by acts of estoppel, but, unless expressly so stated herein, does not include a child who has no presumed father.
    "Child"
  3. include liabilities of a decedent which survive, including taxes, whether arising in contract or in tort or otherwise, funeral expenses, the expense of a tombstone, expenses of administration, estate and inheritance taxes, and debts due such estates.
    "Claims"
  4. means a financial institution as defined by Section 201.101, Finance Code, having trust powers, existing or doing business under the laws of this state, another state, or the United States, which is authorized by law to act under the order or appointment of any court of record, without giving bond, as receiver, trustee, executor, administrator, or, although without general depository powers, depository for any moneys paid into court, or to become sole guarantor or surety in or upon any bond required to be given under the laws of this state.
    "Corporate fiduciary"
  5. are synonymous terms and denote county courts in the exercise of their probate jurisdiction, courts created by statute and authorized to exercise original probate jurisdiction, and district courts exercising probate jurisdiction in contested matters.
    "County Court" and "Probate Court"
  6. When used as a verb, means to dispose of real or personal property, or of both, by will.
    "devise"
  7. when used as a noun, includes a testamentary disposition of real or personal property, or of both.
    "Devise,"
  8. includes legatee.
    "Devisee"
  9. denotes a person entitled to the estate of a decedent under a lawful will, or under the statutes of descent and distribution.
    "Distributee"
  10. denotes the real and personal property of a decedent, both as such property originally existed and as from time to time changed in form by sale, reinvestment, or otherwise, and as augmented by any accretions and additions thereto (including any property to be distributed to the representative of the decedent by the trustee of a trust which terminates upon the decedent's death) and substitutions therefor, and as diminished by any decreases therein and distributions therefrom.
    "Estate"
  11. refers to that property of a decedent's estate which is exempt from execution or forced sale by the Constitution or laws of this State, and to the allowance in lieu thereof.
    "Exempt property"
  12. denote those persons, including the surviving spouse, who are entitled under the statutes of descent and distribution to the estate of a decedent who dies intestate.
    "Heirs"
  13. (1) a minor;
    (2) an adult individual who, because of a physical or mental condition, is substantially unable to provide food, clothing, or shelter for himself or herself, to care for the individual's own physical health, or to manage the individual's own financial affairs; or
    (3) a person who must have a guardian appointed to receive funds due the person from any governmental source.
    "Incapacitated" or "Incapacitated person"
  14. means the personal representative of an estate under independent administration as provided in Section 145 of this Code.
    "Independent executor" - The term "independent executor" includes the term "independent administrator."
  15. means heirs, devisees, spouses, creditors, or any others having a property right in, or claim against, the estate being administered; and anyone interested in the welfare of an incapacitated person, including a minor.
    "Interested persons" or "persons interested"
  16. includes any person entitled to a legacy under a will.
    "Legatee"
  17. includes any gift or devise by will, whether of personalty or realty.
    "Legacy"
  18. are all persons under eighteen years of age who have never been married or who have not had disabilities of minority removed for general purposes.
    "Minors"
  19. means the real and personal property of a decedent, exclusive of homestead rights, exempt property, the family allowance and enforceable claims against the estate.
    "Net estate"
  20. includes natural persons and corporations.
    "Person"
  21. includes interests in goods, money, choses in action, evidence of debts, and chattels real.
    "Personal property"
  22. includes executor, independent executor, administrator, independent administrator, temporary administrator, together with their successors. The inclusion of independent executors herein shall not be held to subject such representatives to control of the courts in probate matters with respect to settlement of estates except as expressly provided by law.
    "Personal representative" or "Representative"
  23. The term means a matter or proceeding related to the estate of a decedent and includes:
    (1) the probate of a will, with or without administration of the estate;
    (2) the issuance of letters testamentary and of administration;
    (3) an heirship determination or small estate affidavit, community property administration, and homestead and family allowances;
    (4) an application, petition, motion, or action regarding the probate of a will or an estate administration, including a claim for money owed by the decedent;
    (5) a claim arising from an estate administration and any action brought on the claim;
    (6) the settling of a personal representative's account of an estate and any other matter related to the settlement, partition, or distribution of an estate; and
    (7) a will construction suit.
    "Probate proceeding" is synonymous with the terms "Probate matter," "Proceeding in probate," and "Proceedings for probate."
  24. includes both real and personal property.
    "Property"
  25. includes estates and interests in lands, corporeal or incorporeal, legal or equitable, other than chattels real.
    "Real property"
  26. includes codicil; it also includes a testamentary instrument which merely:
    (1) appoints an executor or guardian;
    (2) directs how property may not be disposed of; or
    (3) revokes another will.
    "Will"
  27. includes an adopted child or his or her descendents and the adoptive parent of the adopted child.
    "Next of kin"

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