Office of the Surrogate

Jeffrey W. Moran
County Surrogate

Ashley Fiore
Deputy Surrogate

118 Washington Street,
P. O. Box 2191
Toms River, NJ 08754-2191

map icon  Office Locations
home icon  Surrogate's Home

Telephone icon Phone: (732) 929-2011
Fax icon Fax: (732) 506-5087
Clock icon Hours: M-F 8:00am-4:30pm
Mail icon Contact Us

Glossary of Probate terms

Administrator/rix - a person appointed by the Surrogate to take charge of the Estate of a decedent who dies without a Will. Also called a personal representative.

Beneficiary - a person designated to receive money, property or benefits in a Will.

Bequest - a gift of personal property by a Will.

Bequeath - to dispose of personal property through a Will.

Caveat - a formal notice given by someone to prevent the proving of a Will or the grant of administration of an Estate.

Codicil - an addition or supplement to an original Will that adds to or deletes only part of a Will.

Decedent - a deceased person.

Devise - a gift of real estate through a Will.

Domestic Partnership - Two people that are not related and 18 years of age and of the same sex or of the opposite sex age 62 years or older.

Estate - real and personal property and possessions; everything a person owns.

Executor/rix - a person named in a Will to carry out the wishes and intentions of the Will, also known as a personal representative.

Guardian - a person who has been qualified and/or been appointed as a guardian of the person and/or property of a minor or adult mental incompetent.

Heir - a person who inherits property from a deceased person.

Intestate - when a person dies without a Will.

Joint tenants with rights of survivorship - two or more persons owning real estate where the survivor will inherit the property.

Legatee - a person who receives a gift under a Will.

Personal property - intangible property, such as stocks, bonds, or bank accounts and tangible property such as jewelry, furniture or an automobile.

Probate - official proof of authenticity or validity of a Will.

Real property - land and/or buildings.

Surrogate - the elected county official who oversees probate in the State of New Jersey.

Tenants in Common - two or more persons owning undivided individual interests in a single piece of property.

Tenants by the Entirety - real property owned as husband and wife with rights of survivorship.

Testator/rix - the person who makes a Will.

Trust - property owned or managed by a person for another.

Trustee - person holding property in trust for another.

Will - a legal declaration of the manner in which a person wishes Estate to be divided after death.

Witness - person who observes the signing of a Will and/or codicil and attests to the signature of the Testator/rix.

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