Losing a Loved One
Glossary of Terms
When managing financial affairs after the loss of a loved one, unfamiliar terminology can add stress during a difficult time. Let’s navigate some of the most common financial and legal terms that may be new to you during this season.
-
Administrator
If a will does not exist, a probate court names an administrator as the person to manage and distribute the estate of the deceased. Administrators may also be court-appointed if a will has been established without a named executor, the executor is unable/unwilling to serve, or a successor is not named to fill in for the established executor.
-
Assumption
Occurs when parties other than the original customer voluntarily assume responsibility for remaining loan or lease payments.
-
Affidavit of domicile
A court-issued document that verifies the residential address at the time of death. Also called an “affidavit of residence,” it is used to transfer property or stock to a new owner.
-
Beneficiary
A person who is named in a will or on a bank account to receive money or property from a person who has died. (Example: named in an informal trust as In Trust For (ITF) or named as a Payable on Death (POD) beneficiary).
-
Certified death certificate
A copy of the death certificate with a certified marking that states it is a true and certified copy. They typically have a raised seal, ink or multicolored signature, or watermark printed on security paper
-
Decedent
The deceased person
-
Deed
A written instrument that conveys some interest in a property.
-
Estate
The assets and liabilities left by a deceased person.
-
Executor/Executrix
The person or entity named by a will and/or court to manage the estate of a deceased person.
-
Fiduciary
A person who has been made responsible for managing the assets or rights of another person. They may also be referred to as an executor, administrator, or trustee.
-
Joint tenancy with right of survivorship
An account where all owners have an equal right to the account’s assets. When one party dies, the survivor owns all remaining assets in the account.
-
Letter of instruction
A document written by an owner, successor, or court-appointed estate representative that provides specific instructions on the distribution of remaining account balances, and how to handle those accounts after disbursement. Investment accounts may alternatively include a “Letter of Authorization to Transfer Funds or Securities.”
-
Letters of Testamentary or Letters of Administration
Court-issued documents that name a representative to manage an estate’s assets and liabilities, per the will’s designation or state law. (Also known as Letters of Personal Representative, Fiduciary Letters, or Certified Executor Documents).
-
Note
A written promise for one party to pay another party.
-
Payable on death (POD)
A beneficiary designated by the account owner. Upon proof of the owner’s death, the POD will receive any money left in the account. These accounts may also be referred to as “In Trust For (ITF) accounts.”
-
Potential Successor in Interest (PSII)
A person who may be interested in owning a property but has not yet provided the documentation to be confirmed.
-
Power of Attorney (POA)
The authority to act for another person in legal or financial matters.
-
Probate
When a will is reviewed by a court to determine its validity or authenticity, alongside the court-appointed representative, executor or administrator. Probate can also refer to the estate’s administration.
-
Small Estate Affidavit
A document that can be used to claim or disburse money from smaller estates when state law does not require formal probate.
-
Successor in Interest (SII)
Someone who has received property ownership rights through the operation of law, death of a borrower, spouse, or parent, divorce or separation, or an inter vivos (living) trust.
-
Successor Trustee
A trustee who succeeds a prior trustee when they are unable or unwilling to continue.
-
Tenants in common
An account where each party owns a separate and distinct share of property. Unlike joint tenancy, these shares can be freely transferred to other owners, and there is no right of survivorship among owners.
-
Transfer on death (TOD)
Allows the owner of a non-retirement investment account to name beneficiaries without going to probate.
-
Trust
A legal arrangement involving a grantor, a trustee, and beneficiary for an established estate.
-
Trustee
A trustee is the person or entity named to administer a trust for a beneficiary according to the terms established by the trust grantor/settlor.
-
Uniform Transfers to Minors Act (UTMA) or Uniform Gifts to Minors Act (UGMA)
The umbrella acts under which custodial accounts for minors are set up. The custodian of the account should transfer control of the assets to a minor when he or she reaches the age specified by statute (usually between the ages of 18 and 21).
-
Will
A will is a legal document by which a person directs an estate to be distributed upon death.
Need to speak to a financial planner?
MEET OUR TEAM