Common Terms Conservator An individual or corporate fiduciary appointed by a court to manage the estate of a protected person. Devise When used as a noun, means a testamentary (by will) disposition of real or personal property; when used as a verb, means to dispose of real or personal property by will. Devisee An individual or other legal entity designated in a will to receive a devise. Distributee An individual or other legal entity who has received property of a decedent from his personal representative, other than as creditor or purchaser. Estate All property of whatever kind owned by an individual or other legal entity. Exempt property Property of a decedent's estate to which the surviving spouse or minor/dependent children of the decedent are entitled, free of claims against the estate, under S.C. Code Section 62-2-401, which property, generally, is not more than $5,000 in value of household furniture, automobiles, furnishings, appliances, and personal effects. Fiduciary An individual or corporate fiduciary 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. Formal proceeding A Probate Court proceeding conducted before a judge after notice to interested persons. Guardian A person appointed to provide continuing care and supervision of an incapacitated person, which may include having physical custody of the incapacitated person. Incapacitated person A person who is impaired by reason of mental illness, mental deficiency, physical illness or disability, advanced age, chronic use of drugs, chronic intoxication, or other cause (except minority) to the extent that he/she lacks sufficient understanding or capacity to make or communicate responsible decisions concerning his/her person or property. Informal proceeding A Probate Court proceeding conducted without prior notice to interested persons, for probate of a will and/or appointment of a personal representative. Interested person Heirs, devisees, children, spouses, creditors, beneficiaries, and any others having a property right in or claim against a trust estate or the estate of a decedent, ward, or protected person which may be affected by the proceeding. The term also includes persons having priority for appointment as personal representative and other fiduciaries representing interested persons. Intestate A person who dies without leaving a valid will. Issue All lineal descendants of a person, including both natural and adoptive descendants. Minor A person who is under eighteen years of age, excluding a person under the age of eighteen who is married or emancipated as decreed by the Family Court. Personal Representative A person appointed by the Court to administer the estate of a deceased person. Probate estate Property passing under a decedent's will or the laws of intestate succession. Protected person A minor or adult incapacitated person for whom a conservator has been appointed or other protective order made. Successors Those persons, other than creditors, who are entitled to property of a decedent under his or her will or by intestate succession. Testate A person who dies leaving a valid will.