Residuary Estate
Also called: residue, residuary clause, the residue of the estate
Updated June 7, 2026
Why the residuary clause matters so much
Most wills name specific gifts — a piece of jewelry, a cash amount, a particular account — and then direct the residuary estate to a spouse, children, or other beneficiaries. Because the residue catches everything not otherwise addressed, an outdated residuary clause can unintentionally include newly acquired assets or leave out someone who should benefit. Reviewing the clause whenever the estate changes is worthwhile.
Ademption and the residuary
When a specific gift adeems — fails because the asset no longer exists — the intended beneficiary typically receives nothing from that gift. The asset is not automatically redirected to the residuary; it simply disappears from the estate. This reinforces why a well-drafted residuary clause, and an up-to-date will, matter for every asset.
Related terms
- Beneficiary — A beneficiary is a person or organization designated to receive an asset or benefit from a will, trust, life insurance policy, retirement account, or other arrangement. Being named a beneficiary gives someone a legal right to receive that specific asset — often outside of probate — when the owner passes.
- Executor — An executor is the person named in a will to carry out its instructions — gathering the deceased's assets, paying debts and taxes, and distributing what remains to the beneficiaries. The executor is accountable to the probate court and must act in the interest of the estate, not their own.
- Ademption — Ademption is what happens when a specific gift made in a will no longer exists at the time of the testator's death. If you leave someone "my blue car" in your will and you no longer own that car when you die, the gift adeems — it fails — and the beneficiary generally receives nothing in its place.
- Probate — Probate is the court-supervised process of proving a will is valid, settling the deceased's debts and taxes, and distributing what remains to the people entitled to it. It applies whether or not there is a will, and it is overseen by a probate court in the county where the person lived.
- Per Stirpes — Per stirpes is a Latin phrase meaning "by the branch." When an inheritance is distributed per stirpes, a deceased beneficiary's share passes to their descendants rather than lapsing or being split among the surviving beneficiaries. If a child of the deceased predeceased them, that child's share goes to their own children (the grandchildren of the deceased) in equal parts.
Legatus Vault keeps your wills, trusts, and estate documents in one secure place and releases them — only when the time comes, and only after careful verification — to the people you choose.