Decedent

Decedent is a legal term used to refer to a person who has died. In general usage it is synonymous with the deceased or the late, but in legal writing it denotes the person whose death triggers probate, settlement of debts, and distribution of property through an estate.

In common law jurisdictions, the decedent's estate includes property owned solely in the decedent's name and other assets that do not pass automatically by survivorship. Property held jointly with right of survivorship, life insurance proceeds payable to a named beneficiary, and many retirement accounts often pass outside probate and are not part of the estate administered through probate.

The probate process involves appointing a personal representative to administer the estate. If a will exists, an executor (or personal representative) is named to collect assets, pay valid debts and taxes, and distribute remaining assets according to the will. If no will is present, the court appoints an administrator to perform the same tasks under intestate succession laws. The process aims to determine the decedent’s liabilities, ensure debts are settled, and transfer remaining assets to heirs or designated beneficiaries.

Other terms: the decedent may also be described as the testator if they authored a will. In civil-law traditions, similar concepts are described using Latin terms such as de cujus for the decedent’s estate. The term is primarily used in estate and probate contexts.