Terms Used In Texas Family Code Chapter 51 - General Provisions

• Affidavit: means a statement in writing of a fact or facts signed by the party making it, sworn to before an officer authorized to administer oaths, and officially certified to by the officer under his seal of office. See Texas Government Code 312.011
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Allegation: something that someone says happened.
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• Appraisal: A determination of property value.
• Arrest: Taking physical custody of a person by lawful authority.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Bailiff: a court officer who enforces the rules of behavior in courtrooms.
• Child: includes an adopted child, regardless of whether the adoption occurred through:
  (1) an existing or former statutory procedure; or
  (2) an equitable adoption or acts of estoppel. See Texas Estates Code 22.004
• Claims: includes :
  (1) liabilities of a decedent that survive the decedent's death, including taxes, regardless of whether the liabilities arise in contract or tort or otherwise;
  (2) funeral expenses;
  (3) the expense of a tombstone;
  (4) expenses of administration;
  (5) estate and inheritance taxes; and
  (6) debts due such estates. See Texas Estates Code 22.005
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Conviction: A judgement of guilt against a criminal defendant.
• Court: means and includes:
  (1) a county court in the exercise of its probate jurisdiction;
  (2) a court created by statute and authorized to exercise original probate jurisdiction; and
  (3) a district court exercising original probate jurisdiction in a contested matter. See Texas Estates Code 22.007
• Decedent: A deceased person.
• Devise: To gift property by will.
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Estate: means a decedent's property, as that property:
  (1) exists originally and as the property changes in form by sale, reinvestment, or otherwise;
  (2) is augmented by any accretions and other additions to the property, including any property to be distributed to the decedent's representative by the trustee of a trust that terminates on the decedent's death, and substitutions for the property; and
  (3) is diminished by any decreases in or distributions from the property. See Texas Estates Code 22.012
• Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
• Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
• Heir: means a person who is entitled under the statutes of descent and distribution to a part of the estate of a decedent who dies intestate. See Texas Estates Code 22.015
• Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
• Intestate: Dying without leaving a will.
• Justice: when applied to a magistrate, means justice of the peace. See Texas Government Code 312.011
• Legacy: A gift of property made by will.
• Life estate: A property interest limited in duration to the life of the individual holding the interest (life tenant).
• Marital deduction: The deduction(s) that can be taken in the determination of gift and estate tax liabilities because of the existence of a marriage or marital relationship.
• Next of kin: includes :
  (1) an adopted child or the adopted child's descendants; and
  (2) the adoptive parent of the adopted child. See Texas Estates Code 22.026
• Person: includes a natural person and a corporation. See Texas Estates Code 22.027
• person interested: means :
  (1) an heir, devisee, spouse, creditor, or any other having a property right in or claim against an estate being administered; and
  (2) anyone interested in the welfare of an incapacitated person, including a minor. See Texas Estates Code 22.018
• Personal property: includes an interest in:
  (1) goods;
  (2) money;
  (3) a chose in action;
  (4) an evidence of debt; and
  (5) a real chattel. See Texas Estates Code 22.028
• Personal property: All property that is not real property.
• personal representative: include :
  (1) an executor and independent executor;
  (2) an administrator, independent administrator, and temporary administrator; and
  (3) a successor to an executor or administrator listed in Subdivision (1) or (2). See Texas Estates Code 22.031
• Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
• Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probate: Proving a will
• Quorum: The number of legislators that must be present to do business.
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Remand: When an appellate court sends a case back to a lower court for further proceedings.
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Succeeding: means immediately following. See Texas Government Code 312.011
• sworn: includes affirm or affirmed. See Texas Government Code 312.011
• Testate: To die leaving a will.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.