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Florida Probate Law: Definitions

The following definitions are included in the Florida Probate Code:

Beneficiary - an heir at law in an intestate estate, and devisee, in a testate estate.  The term "beneficiary" does not apply to an heir at law or a devisee after his interest in the estate has been satisfied.  In the case of a devise to an existing trust or trustee, or to a trust or trustee described by Will, in the absence of a conflict of interest of the trust, the trustee is a beneficiary of the estate.  An owner of a beneficial interest in the trust is a beneficiary of the trust and is, in the absence of a conflict of interest of the trust, not a beneficiary of the estate.

Child - includes a person entitled to take as a child under the Florida Probate Code by intestate succession from the parent whose relationship is involved, and excludes any person who is only a stepchild, a foster child, a grandchild, or a more remote descendent.

Devise - when used as a noun means a testamentary disposition of real or personal property and, when used as a verb means to dispose of real or personal property by Will.  The term includes "gift," "give," "bequeath," "bequest," and "legacy."  A devise is subject to charges for debts, expenses, and taxes.

Devisee - means a person designated in a Will to receive a devise.  In the case of a devise to an existing trust or trustee, or to a trustee of a trust descibed by Will, the trust or trustee is the devisee.  Beneficiaries of a trust are not devisees.

Distributee - a person who has received estate property from a personal representative other than as a creditor or purchaser.

Domicile - a person's usual place of dwelling and is synonymous with "residence."

Estate - property of a decedent that is subject to administration.

Grantor - one who creates or adds to a trust and includes "settlor" or "trustor" and a testor who creates or adds to a trust.

Heirs - those persons, including the surviving spouse, who are entitled under the statutes of intestate succession to the property of a decedent.

Interested Person - any person who may reasonably be expected to be affected by the outcome of the particular proceeding involved.
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