1. Testator: The person who creates the will.
2. Beneficiaries: Individuals or entities who are designated to receive the testator's assets.
3. Executor: The person appointed by the testator to carry out the instructions in the will. Sometimes called a personal representative.
4. Bequests: Specific gifts of property or assets to beneficiaries.
5. Residue: The remainder of the estate after specific bequests have been made and debts and expenses have been paid.

Functions:

• Distribution of Assets: Specifies how the testator's property should be divided.
• Appointment of Guardians: Can name guardians for minor children.
• Funeral Instructions: May include instructions for burial or cremation.
• Creation of Trusts: Can create trusts for beneficiaries, such as minors or individuals with special needs.

• Negro, Mulatto, Slave, Servant: Common terms used to refer to enslaved individuals.

• Property: Enslaved people were listed as property.

• Chattel: A term referring to personal property, including enslaved people.

• Bequeath, Devise, Legacy: Terms indicating the passing of property, including enslaved people, to heirs.

• Issue, Offspring, Children: Might be used to refer to the children of enslaved women.

• To Be Freed, Emancipated: Terms indicating the manumission of enslaved individuals.

• Executor, Administrator: Individuals responsible for carrying out the terms of the will and managing the estate.

Example of a Will Entry

Here is a hypothetical example illustrating how an enslaved person might be listed in a will:

Will of John Doe, 1850

"I, John Doe, being of sound mind and disposing memory, do hereby make and publish this my last will and testament.

1. I bequeath to my beloved wife, Mary Doe, the house and plantation where we currently reside, including all household goods, livestock, and personal property therein.
2. I devise to my son, James Doe, my slave named Tom, aged 35, to be his property absolutely.
3. I bequeath to my daughter, Sarah Doe, my slave named Nancy, aged 28, and her two children, Emma, aged 6, and John, aged 4.
4. I direct my executor, William Smith, to appraise and sell my remaining slaves, including Joe, Lucy, and Sam, and to distribute the proceeds equally among my children."

An administrator is an individual appointed by the probate court to manage the estate of a deceased person who either did not leave a will (intestate) or did not name an executor in their will, or the named executor is unable or unwilling to serve.

Key Points:

1. Appointment:

   • Appointed by the probate court.
   • This occurs in cases of intestacy (no will), an invalid will, or if the named executor cannot serve.

2. Authority:

   • Derived from the probate court.
   • Authorized to manage and distribute the estate according to state intestacy laws.

3. Responsibilities:

   • Similar to those of an executor, including collecting assets, paying debts, and distributing assets.
   • Must follow state laws for intestate succession when distributing the estate’s assets.

4. Legal Guidance:

   • Operates based on state intestacy laws rather than the directives of a will.
   • Often requires more court supervision compared to an executor.

An executor is an individual named in a will to manage the deceased person's estate according to the terms specified in the will.

Key Points:

1. Appointment:

   • Named by the testator (the person who made the will) in their will.
   • Officially appointed by the probate court upon the death of the testator.

2. Authority:

   • Derived from the will itself.
   • Authorized to carry out the instructions and wishes of the deceased as outlined in the will.

3. Responsibilities:

   • Filing the will with the probate court to initiate the probate process.
   • Collecting and inventorying the deceased’s assets.
   • Paying off debts and taxes owed by the estate.
   • Distributing the remaining assets to the beneficiaries as specified in the will.

4. Legal Guidance:

   • Operates based on the directives provided in the will.
   • May require legal assistance to ensure the will is executed properly and in compliance with state laws.

Understanding the distinctions between an executor and an administrator helps clarify their roles and responsibilities in estate management and ensures that the estate is handled properly according to the deceased’s wishes or state law.

Source of Authority:

Executor: Named in the will; authority comes from the will.

Administrator: Appointed by the court; authority comes from the court.

Circumstances of Appointment:

Executor: Exists when there is a valid will naming an executor.

Administrator: Appointed when there is no will, the will is invalid, or the named executor cannot serve.

Guiding Principles:

Executor: Follows the instructions laid out in the will.

Administrator: Follows state laws of intestate succession.

Legal Documentation:

Executor: Acts based on the directives of the will.

Administrator: Acts based on court orders and state law.

Responsibilities in Detail

Executor:

• File Will: Submit the will to the probate court.
• Inventory Assets: Compile a list of all estate assets.
• Pay Debts: Settle any outstanding debts and taxes.
• Distribute Assets: Transfer assets to beneficiaries as specified in the will.
• Final Accounting: Provide a final accounting of the estate to the court.

Administrator:

• Petition for Appointment: Request the court to be appointed as administrator.
• Inventory Assets: Compile a list of all estate assets.
• Pay Debts: Settle any outstanding debts and taxes.
• Distribute Assets: Follow state laws to distribute assets to heirs.
• Final Accounting: Provide a final accounting of the estate to the court.

A person is said to have died testate if they have left a valid will. This will outlines how they want their property and assets to be distributed after their death. Here are the key elements associated with dying testate:

1. Will: A legal document that expresses the deceased person's wishes regarding the distribution of their property and the care of any minor children.
2. Executor: A person named in the will to carry out the instructions laid out in the will. The executor manages the estate, pays off debts, and distributes the assets to the beneficiaries.
3. Beneficiaries: Individuals or entities named in the will to receive portions of the deceased's estate.
4. Probate: The legal process through which the will is validated by a court, and the executor is granted the authority to administer the estate.

Example Scenario

Testate Situation:

• John Doe writes a will naming his wife, Mary Doe, as the primary beneficiary and appoints his friend, William Smith, as the executor. Upon John’s death, his will goes through probate, and William Smith administers the estate according to John’s wishes outlined in the will.

A person is said to have died intestate if they have not left a valid will. In such cases, the distribution of their property is handled according to the laws of intestate succession in the jurisdiction where they lived. Key elements of dying intestate include:

1. Intestate Succession Laws: These laws determine how the deceased's estate is divided among surviving relatives, typically prioritizing spouses, children, parents, and siblings.
2. Administrator: A person appointed by the court to manage the estate of the deceased. This person performs a role similar to that of an executor but is appointed because there is no will.
3. Heirs: The individuals who are entitled by law to inherit the estate. This can include a spouse, children, parents, and other close relatives, depending on the hierarchy set by state law.
4. Probate: The legal process is still required to distribute the estate, but it follows the statutory rules of intestate succession rather than the wishes of the deceased.

Example Scenario

Intestate Situation:

• Jane Doe dies without a will. According to the intestate succession laws in her state, her estate is divided among her surviving spouse and children. The court appoints an administrator to handle the probate process and distribute Jane’s assets according to the state’s laws.

To leave (a personal estate or one's body) to a person or other beneficiary by a will.

A testamentary disposition of land or realty; also sometimes used to refer to personal property.

An item of property other than real estate; in this context, it includes enslaved people.

A detailed list of the property, goods, and assets of a deceased person.