A person's declaration of how he or she wishes property to be distributed upon his or her death.
Testator
The person who makes a will.
Probate court
The court responsible for accepting a will that meets all statutory requirements and for supervising the operation of a will.
Personal representative
The person responsible for settling the affairs of the decedent.
Executor
A personal representative named in the will.
Administrator
A personal representative appointed by a court.
Interstate
The state in which a person dies without a will.
Beneficiary
An individual who receives gifts of personal or real property by will.
Legacy
A gift of money by will.
Bequest
A gift of personal property by will.
Ademption
When a specific bequest of personal property is made, but the personal property is disposed of before the death of the testator.
Devise
A gift of real property by will.
Holographic will
A will that is completely handwritten.
Nuncupative will
An oral will.
Testamentary capacity
The requirement that a testator be of sound mind and legal age.
Codicil
A document, separate from the will, in which a person can make legal changes to his or her will.
Advanced directive
A device that documents an individual's expressed wishes regarding his or her health care in the event that the individual is incapacitated without hope of recovery.
Living will
A document in which a person directs his or her physician and/or health proxy to forgo certain extraordinary medical procedures in especially dire circumstances.
Trust
A device or mechanism that permits personal or real property to be held by one party, the trustee, for the benefit of another, the beneficiary.
Trustee
A person who is entrusted with the management and control of another's property rights associated with that property.