Probate Law Terms and Definitions

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

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

Beneficiary
A person designated to receive the income or principal of a trust estate.

Power of attorney
A legal agreement that authorizes someone to handle or share in handling the financial matters of another person. A "durable" power of attorney can continue to give power to another in handling financial matters after incapacitation has occurred.

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

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.

Will
A legal document that directs where a person's property should go after that person dies.

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

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

Health care directive
A legal document that lets others know one's wishes regarding medical care and treatment, funeral arrangements, organ donation, and other health care concerns.