Common Terms

Probate - Official proof of an instrument offered as the last Will and Testament of a person deceased.

Exemplify - To make an attested copy or transcript under seal.

Personal Representative - The person appointed to handle the estate of he deceased person.

Involuntary Commitment - court hearing whereby a person is adjudicated mentally ill or chemically dependent and involuntary inpatient hospitalization and/or involuntary outpatient treatment is ordered.

Guardian - one who is appointed by the court to make provide care and supervision of an incapacitated person.

Conservator - one who is appointed by the court to manage the assets of a protected person.

Hearing - proceeding with definite issues of fact or law in which witnesses are heard and parties proceeded against have the right to be heard.

Estate - all property of any description belonging to a person.

Incapacitated Person - any person who is impaired by reason of mental illness, mental deficiency, physical illness or disability, advanced age, chronic intoxication or other cause (except minority) to the extent that he lacks sufficient understanding or capacity to make or communicate responsible decisions concerning his person.

Fiduciary - a person or institution who has been entrusted with the management of money or property for another and who must exercise a standard of care imposed by law or contract.

Guardian ad Litem - court appointed attorney to protect the interests of a specific person (minor or incapacitated person) pursuant to a court hearing.

Criminal Domestic Fund - enacted by the General Assembly and administered by the Department of Social Services whose revenues are used solely to award grants to certain domestic violence centers and programs in the state. This additional twenty-dollar fee to be collected with the marriage license fee and remitted to the Slate Treasurer and credited to the Domestic Violence Fund.

Jurisdiction - authority to hear a case.