Chapter C. GLOSSARY

• Jurisdiction: Washington

C. GLOSSARY

Abate: To reduce the amount to be received by a beneficiary because the property in the estate is insufficient to pay all claims and expenses and amounts to beneficiaries in full.

Ademption: The invalidation of a gift of a specific item in a Will by the disposition of the item before death.

Administration of an estate: The proceedings by which the property of a decedent is inventoried and appraised, the decedent's debts are determined and paid, the amount of taxes calculated and paid, and the remaining property distributed to the persons or entities entitled to it either by the terms of the decedent's Will or by the laws of intestacy.

Administrator: A person (or bank or trust company) appointed by the court to handle the administration of the estate of a person who died intestate.

Administrator dbn: If a personal representative is appointed and acts but dies, resigns, or is removed before the completion of the administration, the court will appoint a successor. If the successor is the next person named in the Will and appointed or confirmed by the court, he/she is designated successor executor or, in some instances, just executor. If the court names a person or party other than a successor executor, the person or party is designated Administrator de bonis non (Administrator dbn), Latin for Administrator of the goods not already administered.

Administrator WWA (Administrator cta): The person or party appointed by the court to administer the decedent's estate (1) if no one is named to act as executor in the Will, or (2) if the persons or parties named do not act. Such an administrator is referred to as Administrator With Will Annexed (Administrator WWA) or sometimes Administrator ctathe initials of the Latin equivalent, "Gum testamento annexo."

Administratrix: The feminine form of the word "administrator."

Advancement: The portion of an heir's inheritance received from the decedent during the decedent's lifetime.

Affidavit: A statement signed by an individual in the presence of a notary who also signs stating that the individual signed the instrument and declared under oath that the statements are true.

Ancillary administration: The administration of assets in a state other than the state of principal administration.

Annuitant: A person who receives payments under an annuity.

Annuity: A contractual or statutory agreement for the payment of a fixed amount of money at periodic times (monthly, quarterly, or annually) to an annuitant, either for a stated period or for life.

Assets: All the items of value (property) owned by an individual or entity.

Attestation clause: The statement signed by the witnesses to a Will stating the circumstances of the execution of the Will and the testamentary capacity of the testator.

Beneficiary: The recipient of assets of an estate under a Will or trust or of the proceeds of a life insurance policy.

Bequeath: The act of making a bequest.

Bequest: A gift of personal property (including cash) by Will (see also Devise).

Codicil: An instrument amending a Will, which is executed with the same formality as a Will.

Community property: The property acquired by either a husband or a wife through the efforts of either spouse while married and living in a community property state.

Death taxes: Federal estate taxes due the United States and estate and inheritance taxes due the various states.

Decedent: A deceased person, usually the one whose estate is being probated.

Devise

(as a noun): The property disposed of by a Will.

(as a verb): To dispose of property by a Will.

Technically, "bequest" and bequeath" are used with reference to personal property, and "devise" is used with reference to real property.

Devisee: The person to whom a share of an estate is given under a Will. Includes beneficiary, distributee, and legatee.

Distributee: The person to whom a share of an estate is distributed.

Distribution: The act of distributing the assets of the estate remaining after payment of debts, expenses, and taxes.

Domicile: The place of abode of a person where he/she intends to return.

Donee: The recipient of a gift.

Donor: The person making a gift.

Escheat: The passing of property to the state when a decedent dies without a Will disposing of the decedent's property and without known heirs.

Estate: The property of a decedent.

Estate tax: A tax on the right to dispose of property at death (compare with inheritance tax). The tax imposed by the federal government is an estate tax, as is the tax imposed by the state of Washington.

Executor: The person or party designated in a Will to act as the personal representative.

Executrix: The feminine form of the word "executor."

Expenses of administration: All filing fees, costs of publication, compensation of the personal representative and of the attorneys for the personal representative, and all other...