Probate Chapter Two

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Probate Chapter Two
2010-09-12 17:57:37
Probate Chapter Two

Probate Chapter Two
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  1. Testamentary
    Pertaining to a will or testament
  2. Testate
    Dying with a valid will
  3. Intestate
    Dying without a valid will
  4. Heirs
    Those persons who inherit from the decedent under the statutes of intestate succession
  5. Lineal Heirs
    Those relatives who are in a direct line, either ascending or descending from the decedent, such as a decedent's parent or child, respectively
  6. Issue
    The stream of progeny of a person, that is, children, grandchildren, etc
  7. Descendants
    An ancestor's bloodline. Those relatives that descend as lineal heirs from a person, that is, children, grandchildren, etc
  8. Ancestors
    A person's lineal heirs from whom they descend, that is, parent, grandparent, etc
  9. Collateral Heirs
    People who are not directly related to the decedent, that is, brother, sister, uncle, aunt
  10. Beneficiary
    One who benefits, or inherits property from a will (or one who benefits from a trust or insurance)
  11. Domicile
    The place where a person makes his or her permanent home and when absent, plans on returning to it
  12. Statutes of Descent and Distribution
    Also called statutes of intestate succession; the statutes that prescribe the pattern of priority to inherit when a person dies intestate
  13. Escheat
    The state inherits the decedent's estate
  14. Posthumous Child
    A child conceived prior to his or her father's death but born after his or her father's death
  15. Per Stirpes
    Also called right of representation. A method of distributing the decedent's estate when the decedent has left behind surviving issue from different generations. A deceased member of one generation who leaves behind surviving issue is represented by them. A living ancestor prevents his issue from inheriting
  16. Per Capita
    All heirs within a class receive equal shares