Probate Law Terms and Definitions

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.

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

Payable on death account (POD)
An account, such as a bank account, that is handed over to a specified person upon another person's death.

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

Jointly held bank account
A bank account that is held by two or more people each of whom has a right of survivorship.

Decedent
A person who is deceased.

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

Heir
Those persons, including a spouse who are entitled to the property of a decedent when the decedent has left no valid will.

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

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.