Section 4: Definitions
19. Intestate: without a will.
20. Issue: every living lineal descendant except a
lineal descendant of a living lineal descendant,
including a marital child, an adopted child, a non-
marital child to the extent provided by law, and a
child conceived from the genetic material of a
person after the death of the person to the
extent provided by law. Issue does not include a
stepchild or a foster child.
21. Joint tenancy: a type of ownership where
personal or real property is held jointly by two or
more persons in undivided (equal) shares with
the right of survivorship. When a joint tenant
dies, their share passes automatically by
operation of law to the survivor(s).
22. Judicial probate: a probate proceeding
conducted by the Orphans' Court when the
situation prohibits administrative probate (ex.
when the validity of the will is questioned, the
will is damaged, or more than one qualified
person applies for personal representative).
23. Legatee: a person named in a will to inherit.
24. Letter of Administration: a document issued
by the Register of Wills that authorizes a
personal representative to administer an estate.
25. Limited Order: an order permitting a search
for assets in the decedent’s name alone or for a
will located in a safe deposit box.
26. Lineal: one who is in the direct line of the
decedent, including ancestors and descendants.
27. Modified Administration: a streamlined
version of administrative probate. In lieu of an
inventory and an account, the personal
representative is required to file a final report
within 10 months from the date of appointment,
which is reviewed and approved by the Register
of Wills.
28. Net estate: property remaining after the
deduction of liens, debts and expenses.
29. Non-probate estate: property that passes
outside the probate estate, including, but not
limited to jointly held assets, life estate or
remainder interests in a trust or deed, trusts in
which the decedent had an interest, payable on
death (P.O.D.) assets, and pension and benefit
plans including IRAs with named beneficiaries.
30. Personal Representative: the person
appointed to administer the estate (often
referred to as executor or administrator).
31. Petition for Probate: the document required
to initiate a probate proceeding.
32. Pour-over Will: a will distributing money or
property to an existing trust.
33. Probate estate: property owned solely by the
decedent or as a tenant in common.
34. Regular estate: the estate procedure for a
decedent who owned probate assets with a gross
value in excess of $50,000 (or $100,000 if the
sole heir or legatee is the surviving spouse).*
35. Residence: living in a specific area without
necessarily having the intent to indefinitely stay
there. See "Domicile" for difference.
36. Registered domestic partner: an individual
who has filed a declaration of domestic
partnership with a Register of Wills, has been
issued a certification of domestic partnership by
the Register of Wills, and whose partnership had
not been terminated prior to the death of the
decedent. A surviving registered domestic
partner has the same priority as a surviving
spouse to serve as personal representative, to
inherit in intestacy, and to receive a family
allowance. A surviving registered domestic
partner is also exempt from the inheritance tax.
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