Probate Law Terms and Definitions

Escheat to the state
When no heirs have made claims to either all or part of an estate, the state receives the unclaimed estate.

Property
The money a person has and the things a person owns.

Payable on death account (POD)
An account, such as a bank account, that is handed over to a specified person upon another person's death.

Assets
All property owned by a person that can be used or made available to use in the payment of debts and heirs.

Probate
The process of settling your estate after you die, including paying creditors and heirs, and validating a will (if there is one).

Conservator
A person or entity who is appointed by the court to exercise certain powers for the care of an incapacitated person, the person's estate, or both.

Revocation
In terms of wills, the process or act of canceling or destroying an existing will.

Personal representative
The person responsible for the administration of an estate. This includes paying creditors and heirs.

Codicil
An amendment to a will. It is a separate document.

Attorney-in-fact
This person receives the powers allocated in a power of attorney, such as a right to handle another person's financial matters.