Last Will and Testament

Last Will and Testament is a written document, with instructions to another person (a Personal Representative), indicating what to do with your (the Decedent’s) personal and real property (probate estate), upon your death. 

 -Personal Representative (PR) is the person in charge of collecting and managing all of your property upon your death.  The PR pays all of your creditors and then distributes any remainder to your heirs or beneficiaries. (Administrator is another name for the PR, when the decedent did not have a will.  Executor is another name for PR, when the decedent did have a will.)

-Decedent is the person who passes away.

 -Probate estate is the property owned by the Decedent individually.

 -Intestate means the decedent died without a last will and testament.  Therefore, according to applicable state law the Decedent’s probate estate is distributed to the Decedent’s heirs.

 -Testate means the Decedent died with a last will and testament.

 -Heir is a person entitled to your probate estate, upon your death, based on intestate succession laws.

 -Beneficiary is a person designated to receive property from your probate estate according to your last will and testament.

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