GLOSSARY

ELECTIVE SHARE

Refers to probate laws that allow a spouse to take a certain portion of an estate when the other spouse dies, regardless of what was written in the spouses will.

ELISOR

When one of the parties is unable or refuses to sign documents necessary to execute a court order, the court may appoint the Clerk of the Superior Court or an authorized representative to act as an elisor to sign the documents.

ENCUMBRANCE

Any claim or restriction on a propertys title, a debt.

EQUITY

The difference between the fair market value of your real and personal property and the amount you still owe on it, if any.

ERRATA

Errata refers to errors in printing or writing, such as misspellings, omissions, and other typographical errors. It is a means used to merely correct inadvertent errors, not to make substantive changes.

ESCHEAT

A legal doctrine under which property belonging to a deceased person with no heirs passes to the state.

ESCROW

Money or documents, such as a deed or title, held by a third party until the conditions of an agreement are met. For instance, pending the completion of a real estate transaction, the deed to the property will be held in escrow.

ESTATE

A persons total possessions (assets), including money, jewelry, securities, land, etc. These assets are managed by a fiduciary subject to a court order (e.g., guardianship estate, conservatorship estate, or decedents estate).

EX PARTE

Latin that means by or for one party. Refers to situations in which only one party (and not the adversary) appears before a judge.

EXECUTOR

The person named in a will to carry out the directions as set forth in the will. This person is the personal representative of the decedents estate.

EXEMPLIFICATION

A formal type of certification in which the Clerk of the Court signs the certification of the document or record. The Presiding Judge then signs attesting to the fact of the identity of the Clerk of the Court, and that the signature is authentic. Finally, a Clerk of the Court signs again, this time attesting to the fact that the judge is a judge of that countys superior court, and that his/her signature is authentic.

EXHIBIT

Any physical object introduced and identified in court and received by the judge as evidence in a case.

EXPENSES OF ADMINISTRATION

The expenses incurred by an executor or administrator in carrying out the terms of a will or in administering an estate. These include probate court fees, fees charged by an executor or administrator, attorneys fees, accountant fees, and appraisers fees.

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