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July 20, 2010
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Probate Law Terms and Definitions

 
 

Decedent
A person who is deceased.

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

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

Living Trust
A living trust is an estate planning device that allows a person to transfer assets to one or more persons before and after they die.

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.

Estate
All of the property owned by a person, including real estate and personal property.

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.

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

Guardian
A person or entity who is appointed by the court to exercise many 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.

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Did You Know?    
 
 
Probate Is Handled In Court
Probate cases normally occur in state and county court where the deceased permanently lived at the time of his or her death. In different states such courts may go by different names. Some are simply called the Probate Court. In New Yorkthey are called the Surrogates Court and in California they are called the Superior Court, Probate Division. The probate court will normally handle all the personal property the deceased owned, plus all the real estate the deceased owned located in that same state.

 


  Newsroom  
 


Latest news about probate cases in Georgia and nationwide:

Swanson Files Suit Against American Family Legal Plan And Heritage Marketing And Insurance Services
Attorney General Lori Swanson today filed a lawsuit against two California companies, American Family Legal Plan and Heritage Marketing and Insuran...
Read more >


Some Living Trust Sellers Aren't Trustworthy
Consumer: I'm exploring estate planning options. I've heard that a living trust can save me money. But I've also read warnings abo...
Read more >


What Is The Lawyer's Role
It is easy to be lured by advertisements claiming you can save time and money by drafting your own will using do-it-yourself software or fill-in-th...
Read more >


More Probate News >

 
 

Probate Terms

 
 


Today's Terms

Estate

Definition:
All of the property owned by a person, including real estate and personal property.

Conservator

Definition:
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.

Beneficiary

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

More Probate Terms >

 
 

Probate Resources

 


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Probate Hot Topics

 


Topics Related to Probate:

  • Probate Court
  • Last Will and Testament
  • Living Will
  • Power of Attorney
  • Trust Planning
  • Asset Protection
  • Special Needs Trusts

More Probate Topics >

Georgia Probate Attorney

 
If you live in the following cities and need an probate attorney you should contact our Probate Attorney as soon as possible:


  • Acworth
  • Albany
  • Alpharetta
  • Athens
  • Atlanta
  • Augusta
  • Columbus
  • Cumming
  • Dalton
  • Decatur
  • Douglasville
  • Duluth
  • Griffin
  • Hephzibah
  • Hinesville
  • Jonesboro
  • Kennesaw
  • Lawrenceville
  • Lilburn
  • Lithonia
  • Loganville
  • Marietta
  • Milledgeville
  • Moultrie
  • Newnan
  • Norcross
  • Powder Springs
  • Ringgold
  • Rome
  • Roswell
  • Savannah
  • Smyrna
  • Stockbridge
  • Stone Mountain
  • Suwanee
  • Tifton
  • Warner Robins
  • Woodstock


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