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Chapter 7-8; Basic Wills, Trusts, and Estates for Paralegals
Jeffrey Helewitz 5th Edition
41
Law
Undergraduate 4
08/29/2011

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Term
Administrator
Definition
Personal representative of an intestate.
Term
Citation
Definition
Notice sent to parties with standing to contest the probate petition.
Term
Death certificate
Definition
Official government document proving a person’s death.
Term
Executor
Definition
Personal representative of a testate.
Term
Guardian ad litem
Definition
Competent adult appointed by a court to represent persons under an incapacity during litigation.
Term
Informal probate proceedings
Definition
Probate permitted in certain jurisdictions for small estate in which no notice is required
Term
Letters of Administration
Definition
Court authorization to act granted to an administrator.
Term
Letters testamentary
Definition
Court authorization to act granted to an executor.
Term
Marshalling assets
Definition
Collecting and categorizing the estate of a decedent.
Term
Petition for a family allowance
Definition
Request to the court to permit the family to use estate funds pending probate.
Term
Petition for interim letters
Definition
Request to the court to authorize a person to act on behalf of the decedent until final Letters are granted.
Term
Petition for letters of administration
Definition
Request to the court to appoint a personal representative for an intestate.
Term
Petition for letters testamentary
Definition
Request to the court to appoint a personal representative for a person who died with a will.
Term
Petition for preliminary letters
Definition
Petition for Interim Letters.
Term
Petition for temporary letters
Definition
Petition for Interim Letters.
Term
Petition to open safe deposit box
Definition
Request to the court to allow safe deposit box to be opened to locate a will.
Term
Petition to search
Definition
Request to the court to allow property to be searched to locate a will.
Term
Probate hearing
Definition
Court procedure to prove the validity of a will or appointment of an administrator.
Term
Right of election
Definition
Right of surviving spouse to elect to take by the will or by statutory share.
Term
Summary proceedings
Definition
Shortened probate proceedings permitted in certain jurisdiction for small estates.
Term
Supervised administration
Definition
Court scrutinizing every aspect of the estate administration.
Term
Tickler
Definition
Checklist
Term
Unsupervised administration
Definition
Administration in which the court does not get involved in every aspect of the process.
Term
Verification
Definition
Statement under oath that the statements in the petition to the court are true and accurate.
Term
Alternative valuation
Definition
Rule permitting assets to be valued at date of death or sale, or six months later, whichever is less.
Term
Credit
Definition
Permissible reduction in taxes payable.
Term
Cumulative Bulletin
Definition
Official publication of IRS Revenue Ruling and Revenue Procedures.
Term
ESOP
Definition
Employee stock ownership plan.
Term
Final return
Definition
Last income tax return of the decedent.
Term
Form 706
Definition
Federal estate tax return.
Term
Form 1041
Definition
Federal fiduciary income tax return.
Term
Incidents of ownership
Definition
Control a decedent keeps over the rights of a life insurance policy.
Term
Income in respect of a decedent (IRD)
Definition
Income received by a beneficiary that was due the decedent by wasn’t paid to the decedent before death.
Term
Inheritance tax
Definition
Tax imposed by some states on the transfer of property from a decedent.
Term
Publication 559
Definition
IRS publication listing tax forms to be filed by executors and administrators.
Term
Revenue Procedure
Definition
Official IRS procedure for complying with the tax laws.
Term
Revenue Ruling
Definition
IRS internal case decision having precedential value.
Term
Secured debt
Definition
Debt to which specific property has been pledged in case of default.
Term
SS-4
Definition
Federal tax form used to acquire a tax ID number.
Term
Tax credit
Definition
Deduction from taxes owed based on other taxes paid.
Term
Unsecured debt
Definition
General obligation for which no specific property has been pledged in case of default.
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