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Glossary

Estate Planning Glossary

Plain-language definitions connected to the deeper wills, trusts, tax, probate, beneficiary, and state-law system.

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Administrator

A court-appointed personal representative who administers an estate when no executor is serving under a will.

Concetto chiave: A court-appointed personal representative who administers an estate when no executor is serving under a will.

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Agent

A person authorized to act for another, commonly under a power of attorney; the document and governing law define the authority.

Concetto chiave: A person authorized to act for another, commonly under a power of attorney; the document and governing law define the authority.

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Annual Exclusion

A tax-year-specific federal gift-tax rule that can exclude qualifying present-interest gifts up to the current statutory amount per recipient; verify the current IRS figure and conditions.

Concetto chiave: A tax-year-specific federal gift-tax rule that can exclude qualifying present-interest gifts up to the current statutory amount per recipient; verify the current IRS figure and conditions.

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Ascertainable Standard

An objectively framed distribution standard—often health, education, maintenance, and support—used in trust and tax analysis; the exact language and facts matter.

Concetto chiave: An objectively framed distribution standard—often health, education, maintenance, and support—used in trust and tax analysis; the exact language and facts matter.

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Beneficiary

A person, charity, estate, trust, or other permitted recipient entitled to receive or potentially receive property under an instrument, account, or law.

Concetto chiave: A person, charity, estate, trust, or other permitted recipient entitled to receive or potentially receive property under an instrument, account, or law.

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Bequest

A gift of property made by will; modern statutes and documents may use broader terms such as devise.

Concetto chiave: A gift of property made by will; modern statutes and documents may use broader terms such as devise.

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Codicil

A formally executed amendment to a will that must satisfy applicable execution rules and be read with the original will.

Concetto chiave: A formally executed amendment to a will that must satisfy applicable execution rules and be read with the original will.

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Community Property

A marital-property system that generally classifies qualifying property acquired during marriage as owned by the marital community, subject to state-specific tracing and exceptions.

Concetto chiave: A marital-property system that generally classifies qualifying property acquired during marriage as owned by the marital community, subject to state-specific tracing and exceptions.

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Deceased Spousal Unused Exclusion (DSUE)

The federal exclusion amount potentially made available to a surviving spouse through a valid portability election by the deceased spouse's estate.

Concetto chiave: The federal exclusion amount potentially made available to a surviving spouse through a valid portability election by the deceased spouse's estate.

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Decedent

A person who has died; tax forms and probate statutes use the term to identify the person whose property and obligations are being administered.

Concetto chiave: A person who has died; tax forms and probate statutes use the term to identify the person whose property and obligations are being administered.

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Devise

A testamentary transfer under a will; depending on the statute or document, it may cover real or personal property.

Concetto chiave: A testamentary transfer under a will; depending on the statute or document, it may cover real or personal property.

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Domicile

A person's permanent legal home based on physical presence and intent; it can affect probate, marital property, state tax, and jurisdiction and is not always the same as residence.

Concetto chiave: A person's permanent legal home based on physical presence and intent; it can affect probate, marital property, state tax, and jurisdiction and is not always the same as residence.

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Estate

Depending on context, the property and obligations associated with a person, the probate estate under court administration, or a separate tax entity after death.

Concetto chiave: Depending on context, the property and obligations associated with a person, the probate estate under court administration, or a separate tax entity after death.

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Estate Inclusion

Treatment of property or an interest as part of a decedent's gross estate for transfer-tax purposes; ownership title alone does not answer every inclusion rule.

Concetto chiave: Treatment of property or an interest as part of a decedent's gross estate for transfer-tax purposes; ownership title alone does not answer every inclusion rule.

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Executor

A person nominated in a will and generally appointed by a court to administer the probate estate; many states use personal representative as the broader term.

Concetto chiave: A person nominated in a will and generally appointed by a court to administer the probate estate; many states use personal representative as the broader term.

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Fiduciary

A person or institution required to act under duties of loyalty, care, impartiality, prudence, and recordkeeping as applicable to the role and governing law.

Concetto chiave: A person or institution required to act under duties of loyalty, care, impartiality, prudence, and recordkeeping as applicable to the role and governing law.

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Gift Splitting

A federal gift-tax election that can treat qualifying gifts by one spouse as made one-half by each spouse when requirements and consents are satisfied.

Concetto chiave: A federal gift-tax election that can treat qualifying gifts by one spouse as made one-half by each spouse when requirements and consents are satisfied.

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Grantor

A person treated as transferring property to a trust; settlor and trustor are common state-law synonyms, while federal tax law can use grantor in a technical way.

Concetto chiave: A person treated as transferring property to a trust; settlor and trustor are common state-law synonyms, while federal tax law can use grantor in a technical way.

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Gross Estate

The federal transfer-tax measure that can include probate and nonprobate property, certain insurance, retained interests, and other items before deductions.

Concetto chiave: The federal transfer-tax measure that can include probate and nonprobate property, certain insurance, retained interests, and other items before deductions.

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Guardian

A court-appointed person responsible for personal or health-related decisions for a minor or protected adult; some states use different labels or divide personal and property roles.

Concetto chiave: A court-appointed person responsible for personal or health-related decisions for a minor or protected adult; some states use different labels or divide personal and property roles.

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Health Care Proxy

A person or document authorizing health decisions for another when applicable conditions are met; terminology varies by state.

Concetto chiave: A person or document authorizing health decisions for another when applicable conditions are met; terminology varies by state.

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Heir

A person entitled under intestacy law to inherit probate property; an heir is not necessarily the same as a beneficiary named in a will or account.

Concetto chiave: A person entitled under intestacy law to inherit probate property; an heir is not necessarily the same as a beneficiary named in a will or account.

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Holographic Will

A will written and signed in the testator's handwriting under rules recognized in some, but not all, states; requirements and treatment vary.

Concetto chiave: A will written and signed in the testator's handwriting under rules recognized in some, but not all, states; requirements and treatment vary.

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Income in Respect of a Decedent

Certain taxable income the decedent was entitled to but had not received before death; it generally does not receive the ordinary section 1014 basis adjustment.

Concetto chiave: Certain taxable income the decedent was entitled to but had not received before death; it generally does not receive the ordinary section 1014 basis adjustment.

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Intestacy

The state-law system distributing probate property not effectively disposed of by a valid will.

Concetto chiave: The state-law system distributing probate property not effectively disposed of by a valid will.

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Issue / Descendants

A person's lineal descendants, such as children and later generations, interpreted under the document and governing law.

Concetto chiave: A person's lineal descendants, such as children and later generations, interpreted under the document and governing law.

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Legal Capacity

The ability to understand and decide a particular legal matter under the applicable standard; capacity can be task-specific and may fluctuate.

Concetto chiave: The ability to understand and decide a particular legal matter under the applicable standard; capacity can be task-specific and may fluctuate.

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Letters Testamentary

A court-issued credential evidencing an executor's authority after appointment; terminology and electronic verification vary by jurisdiction.

Concetto chiave: A court-issued credential evidencing an executor's authority after appointment; terminology and electronic verification vary by jurisdiction.

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Marital Deduction

A federal estate- or gift-tax deduction for qualifying transfers to a spouse, subject to citizenship, property-interest, and election requirements.

Concetto chiave: A federal estate- or gift-tax deduction for qualifying transfers to a spouse, subject to citizenship, property-interest, and election requirements.

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No-Contest Clause

A provision that may reduce or eliminate a beneficiary's gift after a covered challenge; enforceability, probable-cause exceptions, and scope vary by state.

Concetto chiave: A provision that may reduce or eliminate a beneficiary's gift after a covered challenge; enforceability, probable-cause exceptions, and scope vary by state.

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Per Capita

A method of dividing property into equal shares among people at a specified generational level or class; document wording controls the exact method.

Concetto chiave: A method of dividing property into equal shares among people at a specified generational level or class; document wording controls the exact method.

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Per Stirpes

A representation-based distribution method in which a deceased beneficiary's branch may take that beneficiary's share; state definitions and drafting variants differ.

Concetto chiave: A representation-based distribution method in which a deceased beneficiary's branch may take that beneficiary's share; state definitions and drafting variants differ.

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Personal Representative

The umbrella term in many jurisdictions for the fiduciary administering a decedent's probate estate, including an executor or administrator.

Concetto chiave: The umbrella term in many jurisdictions for the fiduciary administering a decedent's probate estate, including an executor or administrator.

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Portability

The federal process by which a surviving spouse may use a deceased spouse's DSUE after a valid estate-tax-return election; GST exemption is not portable.

Concetto chiave: The federal process by which a surviving spouse may use a deceased spouse's DSUE after a valid estate-tax-return election; GST exemption is not portable.

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Power of Appointment

Authority given to a power holder to designate who may receive specified property; general and limited powers can have different tax and creditor effects.

Concetto chiave: Authority given to a power holder to designate who may receive specified property; general and limited powers can have different tax and creditor effects.

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Probate

The judicial process for appointing estate authority, validating a will where required, handling claims, and transferring probate property.

Concetto chiave: The judicial process for appointing estate authority, validating a will where required, handling claims, and transferring probate property.

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Qualified Disclaimer

An irrevocable refusal to accept property that can have special federal transfer-tax treatment if statutory requirements, timing, and lack-of-acceptance rules are met; state property law also applies.

Concetto chiave: An irrevocable refusal to accept property that can have special federal transfer-tax treatment if statutory requirements, timing, and lack-of-acceptance rules are met; state property law also applies.

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Residuary Estate

The probate property left after specific gifts, expenses, claims, taxes, and other charges are handled under the will and law.

Concetto chiave: The probate property left after specific gifts, expenses, claims, taxes, and other charges are handled under the will and law.

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Settlor

The person who creates or contributes property to a trust; grantor and trustor are common synonyms, with context-specific tax meanings.

Concetto chiave: The person who creates or contributes property to a trust; grantor and trustor are common synonyms, with context-specific tax meanings.

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Skip Person

A person or trust classified under federal GST rules as two or more generations below the transferor, or otherwise meeting the statutory definition.

Concetto chiave: A person or trust classified under federal GST rules as two or more generations below the transferor, or otherwise meeting the statutory definition.

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Spendthrift Clause

Trust language restricting a beneficiary's transfer of an interest before distribution and limiting some creditor access, subject to state-law exceptions.

Concetto chiave: Trust language restricting a beneficiary's transfer of an interest before distribution and limiting some creditor access, subject to state-law exceptions.

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Tax Basis

A tax measure used to calculate gain, loss, depreciation, and other consequences; acquisition, gifts, death, improvements, and entity rules can change it.

Concetto chiave: A tax measure used to calculate gain, loss, depreciation, and other consequences; acquisition, gifts, death, improvements, and entity rules can change it.

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Taxable Estate

The federal estate-tax base after permitted deductions from the gross estate, before application of the tax computation and credits.

Concetto chiave: The federal estate-tax base after permitted deductions from the gross estate, before application of the tax computation and credits.

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Testamentary

Created by or taking effect under a will at death, as in a testamentary trust.

Concetto chiave: Created by or taking effect under a will at death, as in a testamentary trust.

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Trust Decanting

A state-law process that may allow a trustee to distribute assets from one trust into a new trust with modified terms, subject to statutory authority, fiduciary duties, beneficiary rights, and tax review.

Concetto chiave: A state-law process that may allow a trustee to distribute assets from one trust into a new trust with modified terms, subject to statutory authority, fiduciary duties, beneficiary rights, and tax review.

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Trust Director

A person holding a power of direction over a trustee under a directed-trust structure; fiduciary status and liability depend on governing law and the instrument.

Concetto chiave: A person holding a power of direction over a trustee under a directed-trust structure; fiduciary status and liability depend on governing law and the instrument.

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Trust Principal and Income

Accounting categories allocating receipts and expenses between capital and current return; they are not identical to taxable principal and income.

Concetto chiave: Accounting categories allocating receipts and expenses between capital and current return; they are not identical to taxable principal and income.

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Trust Protector

A person granted specified oversight or amendment powers outside ordinary trustee duties; the title has no single universal set of powers.

Concetto chiave: A person granted specified oversight or amendment powers outside ordinary trustee duties; the title has no single universal set of powers.

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Trust Situs

The legal and administrative connection of a trust to a jurisdiction, potentially affected by governing law, trustee location, administration, assets, and court jurisdiction.

Concetto chiave: The legal and administrative connection of a trust to a jurisdiction, potentially affected by governing law, trustee location, administration, assets, and court jurisdiction.

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Trustee

The fiduciary holding and administering trust property under the instrument and governing law for beneficiaries or a permitted purpose.

Concetto chiave: The fiduciary holding and administering trust property under the instrument and governing law for beneficiaries or a permitted purpose.

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Undue Influence

Improper pressure that overcomes a person's free intent in making a will, trust, gift, or designation; proof is fact- and state-specific.

Concetto chiave: Improper pressure that overcomes a person's free intent in making a will, trust, gift, or designation; proof is fact- and state-specific.

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Will

A revocable document during life that directs probate property and makes nominations or testamentary trusts effective at death, subject to state execution law.

Concetto chiave: A revocable document during life that directs probate property and makes nominations or testamentary trusts effective at death, subject to state execution law.

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Witness

A person who observes or acknowledges execution as required and may later attest to it; eligibility and presence rules vary by state and document.

Concetto chiave: A person who observes or acknowledges execution as required and may later attest to it; eligibility and presence rules vary by state and document.

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