California Will Definitions

Escheat: A reversion of property to the state in the absence of anybody to inherit under the statutes.

Will: A lawful voluntary disposition of assets upon death.

Codicil: Basically an update to the will - a supplement or amendment.

Testatrix/Testator: One who makes a will.

Devise, Bequest, or Legacy: Any form of property passing under a will, whether real property, personal property or cash.

Heirs, or Heirs at law: Those persons designated by statute as next in line to inherit.

Beneficiary: Those persons designated by law to inherit, either by statute or will.

Decedent: The deceased.

Issue: Lineal descendents of the decedent.

Probate Court: In California, the court with jurisdiction to hear matters related to the decedent’s estate - with or without a will.

Intestacy: The death of a person without a will, valid will, or partially invalid will.

Community Property: All assets acquired from the date of marriage to the date of separation except those received by gift, bequest, devise or descent.

Separate property: Assets owned before marriage, or acquired by gift or inheritance.

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