Decedent

Decedent

Introduction to Decedent

Decedent, in law, deceased person, used only in connection with the passing or the administration of the estate of such person. When the estate in question is disposed of by will, the decedent is properly described as testator or devisor, and thus the term decedent has come to be commonly applied to a person dying intestate, that is, without a will. As thus restricted, a decedent’s estate is governed by two sets of rules, which originated in common law but are now usually embodied in statute form. The first of these rules is that the real estate of a decedent shall descend to his or her heir, and the second is that the decedent’s personal property shall pass to a personal representative for administration and distribution. This personal representative may or may not be a person entitled to share in the ultimate distribution of the property, and under some circumstances the duty of administration of personal property is undertaken by the state. In the early history of the law in England, this duty devolved upon the church, the right of administering the estate of a decedent being vested in the bishop of the diocese in which the death occured. In England this jurisdiction has now been assumed by the High Court of Justice. In the United States a decedent’s estate is commonly administered by local tribunals of the rank of county courts, known variously as surrogates’ courts, probate courts, orphans’ courts, and the like.” (1)

Resources

Notes and References

Guide to Decedent


Posted

in

,

by

Tags:

Comments

Leave a Reply

Your email address will not be published. Required fields are marked *