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decedent

Decedent is a term that is generally used in the law governing estates and trusts , in reference to a person who has died. Decedents have rights that continue after their death and the authority to take certain actions/make certain decisions through third-party representatives. The assets of a decedent are known as the decedent’s estate . 

The primary methods a decedent uses to exert influence and exercise their rights after their death are through trusts and wills . Each of these tools allow the decedent to distribute their assets in accordance with their wishes. That said, a decedent’s right to distribute their property is not absolute, and that property is subject to the claims of others. For example, if the decedent died while in debt , their estate must satisfy those debts before it can transfer in accordance with the decedent’s will. 

In the event a decedent passes away intestate , or without a valid will, their assets will be distributed in accordance with the rules of the given state’s probate law . The distribution of a decedent’s assets is often handled by probate court . 

[Last reviewed in August of 2022 by the Wex Definitions Team
]

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