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January 07, 2010
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Probate Law Terms and Definitions

 
 

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.

Decedent
A person who is deceased.

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.

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

Power of attorney
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.

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.

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

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

Guardian
A person or entity who is appointed by the court to exercise many powers for the care of an incapacitated person, the person's estate, or both.

Assets
All property owned by a person that can be used or made available to use in the payment of debts and heirs.

Contact our South Dakota Probate Lawyer Now!

 
Did You Know?    
 
 
Probate Is Handled In Court
Probate cases normally occur in state and county court where the deceased permanently lived at the time of his or her death. In different states such courts may go by different names. Some are simply called the Probate Court. In New Yorkthey are called the Surrogates Court and in California they are called the Superior Court, Probate Division. The probate court will normally handle all the personal property the deceased owned, plus all the real estate the deceased owned located in that same state.

 


  Newsroom  
 


Latest news about probate cases in South Dakota and nationwide:

Probate Service And Family Court Announces Standing Order For Never Married Parents
The Probate and Family Court Department announces the implementation of Standing Order 2-05  relative to a pilot Parent Education Program for ...
Read more >


The Mission Of The Real Estate Probate And Trust Law
The mission of the Real Estate, Probate and Trust Law Section of the State Bar of Texas is to provide support to its members and other attorneys pr...
Read more >


More Probate News >

 
 

Probate Terms

 
 


Today's Terms

Joint tenancy

Definition:
A property held in joint tenancy is owned by two or more people who have an undivided interest in the property, and the interest continues even after the other owners die.

Revocation

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

Escheat to the state

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

More Probate Terms >

 
 

Probate Resources

 


Search Probate resources in our resource center:

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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

More Probate Topics >

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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