Legal Glossary
43 terms defined in plain language
A
Ademption
When a specific gift in a will fails because the property no longer exists in the estate at death. For example, if a will leaves 'my 2020 Honda' but the testator sold it before death, the gift is adeemed. — Estate Planning & Administration
Adjudication
A formal court decree distributing estate or trust assets after an accounting is filed and approved. In Bucks County, audit dates are scheduled by the Orphans' Court on a rolling calendar. — Estate Planning & Administration
Administration
The process of managing and distributing a decedent's estate. 'Letters of Administration' are issued when there is no will; 'Letters Testamentary' when there is. — Estate Planning & Administration
Administrator
The person appointed by the Register of Wills to manage an estate when there is no valid will (intestate). Compare with 'Executor,' who is named in the will. — Estate Planning & Administration
Affidavit of Death
A sworn statement establishing the fact and date of the decedent's death. Filed pursuant to 20 Pa.C.S.A. § 925 when an original death certificate cannot be obtained. — Estate Planning & Administration
C
Caveat
A formal objection filed with the Register of Wills to prevent the probate of a will. Triggers a hearing before the Register or, if contested, before the Orphans' Court. — Orphans' Court & Fiduciary Litigation
Citation
In Orphans' Court, a formal order requiring a person to appear or respond. Used in guardianship proceedings, accountings, and estate disputes. Issued by the court upon petition. — Orphans' Court & Fiduciary Litigation
Codicil
A written amendment to an existing will. Must be executed with the same formalities as a will (signed, witnessed). Used for minor changes. — Estate Planning & Administration
Confession of Judgment
A clause in a contract allowing the creditor to obtain a judgment against the debtor without notice or hearing. Common in PA commercial leases and promissory notes. — Business & Corporate Law
Conservator
Under Pennsylvania law, a limited guardian appointed to manage only the financial affairs of an incapacitated person. Distinguished from a full guardian who manages both person and estate. — Elder Law & Medicaid Planning
D
Deposition
Sworn, out-of-court testimony taken before trial. A witness answers questions under oath, recorded by a court reporter. Used for discovery and can be read at trial if the witness is unavailable. — Civil Litigation & Business Disputes
Discovery
The pre-trial phase where parties exchange information relevant to the case. Includes interrogatories (written questions), depositions, document requests, and requests for admissions. — Civil Litigation & Business Disputes
E
Easement
A legal right to use another person's land for a specific purpose, such as a driveway or utility line. Can be express (written), implied, or prescriptive (established by long use — 21 years in PA). — Real Estate & Property Law
Elective Share
A surviving spouse's statutory right to claim one-third of certain estate assets, regardless of what the will provides. Must be exercised within 6 months. 20 Pa.C.S. § 2203. — Estate Planning & Administration
Equitable Distribution
The division of marital property in a divorce. PA divides property based on fairness (not necessarily 50/50) using factors in 23 Pa.C.S. § 3502. — Family Law & Domestic Relations
Executor
The person named in a will to manage the estate. Also called 'personal representative.' Must be approved by the Register of Wills and granted Letters Testamentary. — Estate Planning & Administration
F
Family Exemption
A surviving spouse or minor child's right to retain $3,500 in estate property before other claims. 20 Pa.C.S. § 3121. — Estate Planning & Administration
Fiduciary
A person or institution with a legal duty to act in the best interest of another. Includes executors, trustees, guardians, and agents under power of attorney. — Estate Planning & Administration
G
Guardian
A person appointed by the Orphans' Court to make personal and/or financial decisions for an incapacitated adult or minor. 20 Pa.C.S. Chapter 55. — Elder Law & Medicaid Planning
I
Interrogatories
Written questions sent to an opposing party during discovery, which must be answered under oath within 30 days. Governed by Pa.R.C.P. 4005. Limited to specific topics relevant to the case. — Civil Litigation & Business Disputes
Intestate
Dying without a valid will. Assets pass according to Pennsylvania's intestacy statute (20 Pa.C.S. § 2102-2103) based on your family structure. — Estate Planning & Administration
L
Laches
An equitable defense that bars a claim when the plaintiff unreasonably delayed in asserting their rights and the delay caused prejudice to the defendant. Common in partition and property disputes. — Civil Litigation & Business Disputes
Letters C.T.A.
Cum testamento annexo — 'with the will annexed.' Issued when there is a valid will but the named executor cannot or will not serve. The administrator c.t.a. follows the will's terms but is appointed by the Register. — Estate Planning & Administration
Letters D.B.N.
De bonis non — 'of goods not administered.' Issued when the original personal representative dies, resigns, or is removed before the estate is fully administered. The d.b.n. administrator completes the remaining administration. — Estate Planning & Administration
Letters D.B.N.C.T.A.
De bonis non cum testamento annexo — the combination. There is a will, the original executor can no longer serve, and the estate is not yet complete. The most common successor appointment in practice. — Estate Planning & Administration
Letters Durante Absentia
Temporary letters issued when the person entitled to administer is absent from the Commonwealth. The durante absentia administrator serves until the absent person returns and qualifies. — Estate Planning & Administration
Letters Durante Minoritate
Temporary letters issued when the person entitled to serve as personal representative is a minor (under 18). The administrator serves until the minor reaches the age of majority. — Estate Planning & Administration
Letters Testamentary
The official document issued by the Register of Wills authorizing the executor named in the will to act on behalf of the estate. — Estate Planning & Administration
M
Mechanic's Lien
A lien filed by a contractor, subcontractor, or supplier against real property for unpaid work or materials. Must be filed within 6 months of project completion. 49 P.S. § 1101 et seq. — Real Estate & Property Law
P
Partition
A legal action to force the sale or division of co-owned real property. Any co-owner can file at any time without consent of other owners. — Real Estate & Property Law
Per Stirpes
A method of distributing an estate where a deceased beneficiary's share passes down to their children equally. Latin for 'by the branch.' If your child predeceases you, their share goes to their children — not to your other children. — Estate Planning & Administration
Personal Representative
Generic term for the person administering an estate — either an executor (named in will) or administrator (appointed by court). — Estate Planning & Administration
Power of Attorney
A legal document authorizing another person (agent) to act on your behalf in financial or legal matters. 'Durable' means it survives your incapacity. — Estate Planning & Administration
Protection From Abuse (PFA)
An emergency court order protecting victims of domestic violence. Can order the abuser to stay away, leave the home, and surrender firearms. 23 Pa.C.S. §§ 6101-6122. Free to file. — Family Law & Domestic Relations
Purchase Money Mortgage
A mortgage given by the buyer to the seller as part of the purchase price. Has automatic first-lien priority under 42 Pa.C.S. § 8141. — Real Estate & Property Law
Q
QDRO
Qualified Domestic Relations Order. A court order required to divide employer-sponsored retirement plans (401k, pension) in a divorce without tax penalties. — Family Law & Domestic Relations
S
Self-Proving Will
A will with an attached notarized affidavit (under 20 Pa.C.S. § 3132.1) that eliminates the need to produce witnesses at probate. Dramatically simplifies the probate process. — Estate Planning & Administration
Short Certificate
A certified copy of Letters Testamentary or Letters of Administration. Banks, insurance companies, and title companies require these to transact estate business. — Estate Planning & Administration
Small Estate Collection
A method of collecting a decedent's assets without opening a formal estate. Under 20 Pa.C.S. § 3101, available for assets up to $20,000 per institution. — Estate Planning & Administration
Surcharge
A legal action in Orphans' Court to hold a fiduciary personally liable for losses caused by breach of fiduciary duty. — Orphans' Court & Fiduciary Litigation
T
Tenants by the Entireties
A form of co-ownership available only to married couples. Neither spouse can sell or encumber without the other's consent. Creditor of one spouse cannot attach the property. — Real Estate & Property Law
U
UTPCPL
Unfair Trade Practices and Consumer Protection Law (73 P.S. § 201-1 et seq.). PA's consumer protection statute. Provides treble damages and attorney's fees for prevailing consumers. — Civil Litigation & Business Disputes
V
Variance
Permission from a zoning board to use property in a way that differs from the local zoning ordinance. Requires showing unnecessary hardship (dimensional variance) or the property cannot be used as zoned (use variance). — Real Estate & Property Law