Ademption
Also called: adeemed gift, ademption by extinction
Updated June 7, 2026
How ademption occurs
Ademption by extinction is the most common form: the specifically named property was sold, lost, destroyed, or given away before death. Ademption by satisfaction occurs when the testator gives the beneficiary the property during their lifetime and intends that gift to fulfill the bequest in the will. Rules on when satisfaction applies vary by state.
Avoiding unintended ademption
The most practical protection is to revisit your will after major changes — selling a home, replacing a vehicle, closing an account — and update it accordingly. Using general bequests ("one-quarter of my estate") rather than specific-item bequests ("my investment account at X Bank") also reduces the risk, because general gifts are drawn from whatever the estate holds at the time of death.
Related terms
- Residuary Estate — The residuary estate is everything that remains in a deceased person's estate after all specific bequests have been made, debts and taxes have been paid, and costs of administration have been settled. The will's residuary clause names who receives this remainder — often the bulk of the estate.
- 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.
- Codicil — A codicil is a formal written amendment to an existing will. It modifies, adds to, or revokes specific provisions without replacing the entire will. A codicil must meet the same signing and witness requirements as a will to be legally valid.
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