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August 24, 2010
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Probate Law Terms and Definitions

 
 

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

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.

Decedent
A person who is deceased.

Conservator
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.

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.

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.

Personal representative
The person responsible for the administration of an estate. This includes paying creditors and heirs.

Codicil
An amendment to a will. It is a separate document.

Revocation
In terms of wills, the process or act of canceling or destroying an existing will.

Contact our South Dakota Probate Lawyer Now!

 
Did You Know?    
 
 
There Is Someone Responsible For Handling The Probate Process
If there is a will, the individual responsible for handling the probate process is called the executor. If there is no will that person is known as the administrator. In either case that individual is responsible for managing the deceased"s estate throughout the entire probate process.

 


  Newsroom  
 


Latest news about probate cases in South Dakota and nationwide:

Testimony Of The Division Of Criminal Justice In Opposition To: S.B. No. 1238
The Division of Criminal Justice strongly opposes S.B. No. 1238 and would respectfully request that the Committee reject this bill. The bill is not...
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More Than Half Of College Seniors Have Debt And 38 Percent Delay Buying A Home Due To Student Loan Debt
INDIANAPOLIS – Today Indiana House members passed Senate Bill 459, which contains an amendment offered by State Rep. Trent Van Haaften (D-Mount Ver...
Read more >


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Probate Terms

 
 


Today's Terms

Power of attorney

Definition:
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.

Will

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

Decedent

Definition:
A person who is deceased.

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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

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South Dakota Probate Attorney

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


  • Aberdeen
  • Brookings
  • Huron
  • Mitchell
  • Pierre
  • Rapid City
  • Sioux Falls
  • Spearfish
  • Vermillion
  • Watertown
  • Yankton


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