The probate process, a vital legal procedure dealing with the transfer of a deceased person's property and assets to the beneficiaries, is often perceived as a complex and daunting task. It is not only emotionally straining but also involves an array of legal jargon that may confuse the average individual. However, understanding these terminologies is crucial as it aids in better navigation of the legal maze, ensures effective communication with legal professionals, and protects the rights and interests of all parties involved. In order to comprehend these terminologies, it is necessary to approach them with patience, and it may also be beneficial to seek guidance from a qualified estate or probate lawyer. In the context of probate, abate refers to the reduction of bequests, while abatement is the actual reduction process. This typically happens when the estate's assets are insufficient to cover all liabilities and legacies, leading to a proportional decrease in the inheritance. An abstract of judgment is an official summary of a court's decision. It is often used to create a lien on the real property owned by the judgment debtor within a specific county. Within the probate process, accounting refers to the detailed report presented by the executor or administrator of an estate. It includes the list of assets, income received, payments, distributions made, and the balance on hand. Ademption is a legal term used when the property bequeathed in a will is no longer in the testator's estate when they die. This usually happens if the testator sells or destroys the specific asset before death. Ad Litem refers to a person appointed by a court to act in a lawsuit or proceeding on behalf of another party who is deemed incapable of representing themselves, such as a child or mentally incompetent person. An administrator is a person appointed by the court to manage an estate when no will exists or when the will didn't name an executor. An administrator with a will annexed is a person appointed to administer an estate under a will when the named executor cannot or will not serve. Adverse possession is a legal principle that allows a person who does not have legal title to a property to obtain ownership if they possess the property in a manner that is open, notorious, and continuous for a statutory period. An affiant is a person who swears to an affidavit – a written statement confirmed by oath or affirmation, for use as evidence in court. The age of majority is the age at which a person is legally considered an adult. In most jurisdictions, this is 18 years old. In legal terms, to amend means to change or modify a legal document. An amendment is the actual change made to the document. Ancillary administration is a supplementary probate process that occurs when a decedent owns real property in a state other than their domicile. An annuitant is an individual who receives benefits or payments from an annuity contract. Appearance refers to the formal proceeding by which a defendant submits to the jurisdiction of the court. Assets are any property of value owned by an individual or corporation that can be used to pay debts. In the probate process, assets include both real and personal property owned by the deceased. Attestation is the act of witnessing a document's signing and confirming its authenticity. The attestation clause is the part of the document where the witness attests to witnessing the document's signing. An attorney-in-fact is a person appointed by another to act on their behalf in certain matters. They are often appointed through a Power of Attorney document. A beneficiary is a person or entity who is eligible to receive distributions from a trust, will, or life insurance policy. Bequeath is a term used in a will to indicate the act of leaving property to a particular person or entity. A bequest refers to the actual property or asset left to a beneficiary through a will. A blocked account is a bank or other financial account that has restrictions on its use. It's often established to protect funds from being withdrawn without court authorization. A bond is an insurance policy purchased by an estate's executor or administrator to protect the estate's beneficiaries against any losses resulting from the executor's or administrator's improper management of the estate. A brief is a written argument presented in court by a lawyer detailing the legal reasons why the court should decide in their client's favor. A bypass trust, also known as a credit shelter trust, is a trust intended to maximize estate tax exemptions and pass wealth to descendants. Capacity refers to a person's legal ability to enter into a contract, make a will, or carry out other legal actions. A case management conference is a meeting between the parties involved in a lawsuit and the judge to prepare for trial and possibly negotiate a settlement. A certified copy is a duplicate of an original document, verified as true and certified by a properly authorized officer. Change of venue refers to the transfer of a legal case from one court to another, typically due to concerns about receiving a fair trial. Chattel refers to personal property that can be moved, such as furniture, cars, or livestock. In the probate context, a citation is a court-issued document that gives notice to a person to appear in court or respond to a specific demand. A codicil is a document that amends, rather than replaces, a previously executed will. A commissioner is a person appointed by a court to take testimony or oversee some matter on its behalf. Community property is a legal concept in certain jurisdictions under which all property acquired during a marriage is presumed to be owned equally by both spouses. A confidential record is a court record that is not open to the public, typically to protect privacy interests. A conflict of interest occurs when a person's personal interests potentially interfere with their professional duties or responsibilities. Consent for medical treatment refers to an agreement given by a patient or their authorized representative to receive a medical intervention. A conservatee is an individual who is deemed legally incapable of taking care of themselves or managing their own affairs. A conservator is a person or entity appointed by the court to protect and manage the personal care or finances, or both, of a conservatee. Conservatorship is a court proceeding where a judge appoints a responsible person (conservator) to care for another adult who cannot care for themselves or their finances. The conservatorship estate comprises the assets the conservator manages for the conservatee. Contempt of court refers to any conduct that defies, disrespects or obstructs the authority or dignity of a court. In probate terms, a contestant is a person who opposes a will or trust. A will or trust is said to be contested when its validity is challenged. A contingent beneficiary is a person or entity who stands to receive a bequest if the primary beneficiary cannot or refuses to accept it. Coogan Law refers to a set of laws designed to protect a portion of a child actor's earnings until they reach the age of majority. In legal parlance, costs refer to the expenses incurred in carrying out a legal proceeding. It includes filing fees, attorney's fees, expert witness fees, and other related expenses. A court investigator is an individual appointed by the court to interview a conservatee and others involved in a conservatorship case to help the judge make an informed decision. A creditor is a person or entity to whom money is owed. A creditor's claim is a demand made by a creditor for the payment of an outstanding debt. A decedent is a person who has died. In the context of law, a decision is the conclusion reached by a court of law on a disputed matter. A declaration is a written statement made under oath. A decree is a final judgment or order issued by a court. A deed is a legal document that proves the transfer of property from one person to another. A demurrer is a legal objection raised to challenge the validity of a claim, allegation, or pleading in a legal action. A dependent is a person who is financially reliant on another, such as a child or elderly relative. A developmental disability is a chronic condition that develops before a person reaches 22 years of age and limits their ability to function in life areas such as mobility, learning, self-care, and independent living. A devise is a gift of real property via a will. The person receiving the gift is known as a devisee. A directive to a physician, also known as a living will, is a document that allows individuals to state their wishes for end-of-life medical care. In the probate process, disbursements refer to the payments made from the estate's funds by the executor or administrator. In probate terms, discharge refers to the court's order releasing the executor or administrator from their duties after they've completed the administration of the estate. A disclaimer is a legal renouncement of a claim or right. In the probate process, a beneficiary might disclaim a bequest for various reasons, including tax considerations. A distributee is a person or entity that receives property or assets from an estate. A donee is the recipient of a gift, while the donor is the person giving the gift. A durable power of attorney is a legal document that grants one person (the agent) the authority to act on behalf of another person (the principal). A durable power of attorney for healthcare specifically authorizes the agent to make healthcare decisions for the principal when they are unable to do so. The elective share is a legal provision that protects a surviving spouse's right to a portion of the deceased's estate, regardless of the deceased's will's provisions. An elisor is a person appointed by a court to perform a function usually performed by a sheriff or other official who is unable to perform such function in a particular case. An encumbrance is a claim, lien, charge, or liability attached to a property which may affect its value or use. Equity refers to the net value of a property, calculated by deducting the total of all liens and encumbrances from the property's market value. Errata are errors or mistakes found in printed or written material. An errata sheet is a document outlining and correcting these errors. Escheat is a legal process where the state takes ownership of assets or property left by a person who dies without a will and without heirs. Escrow is a legal arrangement in which a neutral third party holds assets or property on behalf of two other parties until certain conditions are met. An estate comprises all of an individual's property, including real and personal property, and other assets, that the person owns at the time of death. An executor is a person named in a will to manage the decedent's estate. Exemplification is an official, authenticated copy of a legal document, used when a standard certified copy is not acceptable. In legal terms, an exhibit is a document, record, or other tangible object presented as evidence in court. Ex parte refers to a legal proceeding or order that is conducted or issued for the benefit of one party only, without notice to or contestation by any person adversely interested. Expenses of administration are the costs incurred in the process of administering a decedent's estate, such as court costs, attorney's fees, and appraiser's fees. Fair market value is the estimated price at which an asset would change hands between a willing buyer and a willing seller. A fiduciary is a person or entity legally obligated to act in the best interest of another party. The fiduciary duty is the obligation to act in another party's best interest due to the nature of the relationship between the parties. In the context of law, a finding is a formal conclusion by a judge or regulatory agency on issues of fact. A general administrator is a court-appointed individual responsible for managing and settling a decedent's estate when there's no will or the will does not name an executor. A grantor, also known as a settlor or trustor, is a person who creates a trust and transfers their property into it. A guardian is a person appointed by the court to care for the personal and property interests of a minor or an adult incapable of managing their affairs. A guardian ad litem is a person appointed to represent the interests of a minor or incompetent individual in a legal proceeding. Guardianship is a legal process that places an individual, known as a guardian, under court supervision to manage the personal and property interests of another individual who cannot care for their own interests. An heir is a person legally entitled to inherit some or all of the estate of another person who has died, especially if the deceased left no will. A holographic will is a will that has been entirely handwritten and signed by the testator. In forma pauperis is a Latin term meaning "in the form of a pauper." It refers to a party to a lawsuit who gets filing fees waived by filing a statement, often an affidavit, declaring an inability to pay. In Propria Persona is a Latin term meaning "in one's own proper person." It is used when a person represents themselves in court without a lawyer. Incapacity is a lack of physical or mental abilities that results in a person's inability to manage their own affairs. An inheritance tax is a tax paid by a person who inherits money or property of a person who has died, whereas an estate tax is levied on the net value of the deceased's property. Interlineation is the act of inserting words or phrases into a document after it has been signed. An inter vivos trust, also known as a living trust, is a trust established during the trustor's lifetime. Intestate refers to dying without a will. When a person dies in intestacy, distributing their estate becomes the responsibility of the probate court. Inventory and appraisal is a detailed list of all the decedent's assets at the time of their death, along with their estimated fair market values. An irrevocable living trust is a trust set up during the lifetime of the trustor that cannot be changed or terminated without the permission of the beneficiary. Issue is a legal term that refers to a person's lineal descendants - their children, grandchildren, great-grandchildren, and so on. Joinder is the act of uniting several parties or claims in a single legal action. Joint tenancy with the right of survivorship is a type of property ownership where two or more individuals own property together, each with equal rights during their lifetime. If one owner dies, their share of the property passes to the surviving owners. Judgment is a formal decision made by a court following a lawsuit. The Judicial Council is the policymaking body of the courts. Judicial Council forms are official forms produced and endorsed by the Judicial Council for use in court proceedings. A judicial officer is a person who makes judgments in a court of law. It includes judges, magistrates, and justices of the peace. Jurisdiction refers to a court's power to make legal decisions and judgments. Kindred refers to a person's relatives or family. In probate law, a lapse occurs when a beneficiary named in a will dies before the testator, causing the gift to fail. A legacy is a gift or bequest left to someone in a will. A legatee is a person who receives a legacy. In probate law, "letters" refer to Letters Testamentary or Letters of Administration - legal documents issued by the probate court granting the executor or administrator authority to administer the decedent's estate. A life estate is a type of estate in real property that lasts for the duration of a certain person's life, typically the life of the person receiving the life estate. A limited conservatorship is a form of conservatorship for adults with developmental disabilities who cannot fully care for themselves or their finances. A living trust, or inter vivos trust, is a legal document created during a person's lifetime where a designated person, the trustee, is given responsibility for managing that person's assets for the benefit of the eventual beneficiary. A living will, or advance directive, is a written statement detailing a person's desires regarding future medical treatment in circumstances in which they are no longer able to express informed consent. Lodgment refers to the act of depositing or placing something, such as a document with the court, but not filed. Lanterman-Petris-Short (LPS) Conservatorship is a type of conservatorship in California designed for individuals with serious mental health illnesses who need special care, including those who are a danger to themselves, a danger to others, or gravely disabled. The marital deduction is a provision that allows an individual to transfer an unlimited amount of assets to their spouse at any time, including at the time of death, without incurring estate or gift tax. A minor is an individual under the age of legal adulthood – often 18, but the age can vary depending on the jurisdiction and the context. A motion is a formal request made to a judge for an order or judgment. A motion in limine is a motion made before the start of a trial requesting that the judge rule that certain evidence may, or may not, be introduced to the jury during the trial. The net estate is the total value of all property and assets owned by an individual at the time of their death, minus any debts, taxes, and costs of administration. Next of kin refers to the closest living blood relatives of a person who has died, including the surviving spouse and children. In legal terms, notice is the formal communication or signal that a legal action has been initiated or that a relevant legal issue has occurred. Nunc pro tunc is a Latin term meaning "now for then." This phrase signifies a thing is now done, which should have been performed on a prior date. A nuncupative will is an oral will that may be made before witnesses but is generally given only limited effectiveness by a court. An order to show cause is a court order requiring a person to appear before the court to explain why a certain order should not be made. Pecuniary refers to something related to money, such as a monetary interest, penalty, or fine. Per stirpes is a Latin term meaning "by the roots," commonly used in wills and trusts to describe the method for distributing an estate among the descendants of the beneficiary. Personal effects are personal property items that generally have sentimental rather than significant monetary value, such as jewelry, books, and furniture. Personal property refers to anything that is movable and is not real property (land and buildings). It can be either tangible (things that can be touched, like a car or furniture) or intangible (things that can't be touched, like a patent or a bank account). A personal representative is an individual appointed by the court to administer the decedent's estate. This term is often used to encompass both executors (if there is a will) and administrators (if there is no will or the will did not name an executor). A petition is a formal written request to a court requesting a specific action. The petitioner is the person who presents a petition to the court. Pleadings are formal written statements filed with a court in which a party to a legal proceeding (a lawsuit, for example) sets forth or responds to allegations, claims, denials, or defenses. Points and authorities are legal documents that parties use to provide the legal foundation for their arguments in court, usually including citations to statutes and case law. A power of attorney is a legal document granting one person the authority to act on another's behalf in legal and financial matters. In a legal context, a prayer is the part of a pleading that asks the court to grant specific relief. A predeceased spouse is a spouse who died before another event occurred, such as before the spouse making a will died. A pretermitted heir is a person who would likely stand to inherit under a will, except that the person drafting the will did not know or did not recognize the heir at the time the will was written. Probate is the legal process by which a deceased person's estate is properly distributed to heirs and designated beneficiaries, and any debt owed to creditors is paid off. Probate Court is a court that handles matters related to the administration of estates. This includes matters such as the appointment of an executor or administrator, the distribution of assets, and the payment of debts. A probate estate is all the property subject to probate court administration. A probate examiner is a court-appointed official who reviews probate filings for compliance with statutory requirements. A probate referee is a court-appointed official who appraises the non-cash items of a probate estate. Proof of service is a court requirement to show that court papers were delivered to the person required to receive them. Pro tempore is a Latin term meaning "for the time being." In law, it often refers to a temporary judge. The public administrator is a government official who serves as the executor for a deceased person's estate when no relative or friend is competent or willing to act as executor. A public guardian, or public conservator, is a public official who is appointed by the court to provide the protective services of a conservatorship to individuals who cannot properly care for themselves or manage their finances. A public record is a document that has been filed with a government agency and is available for inspection by the public. Real property refers to land and anything fixed, immovable, or permanently attached to it, such as buildings, trees, minerals, bridges, roads, and the like. In the context of probate, receipts are written acknowledgments that an asset has been received. A regional center is a nonprofit private corporation that contracts with the Department of Developmental Services to provide or coordinate services and support to individuals with developmental disabilities. The residuary estate is the portion of the decedent's estate that remains after the payment of all expenses, debts, and specific bequests. The residuary legatee is the person or entity who receives the balance of the estate after all specific bequests have been made and all debts, taxes, and administration expenses have been paid. A respondent is a party against whom a petition is filed, especially one on appeal. A revocable living trust, also known as a revocable trust or a living trust, is a legal document that puts your property into a trust for your benefit during your lifetime, and then transfers it to designated beneficiaries at your death by the person you choose, called a "trustee." The right of survivorship refers to the legal right held by some co-owners of property to inherit the property of a deceased co-owner rather than the property becoming part of the decedent's estate. A sealed record is a record or document that is not available for public viewing. It is often used to protect privacy rights or the safety of individuals. A self-proving will is a will that has been acknowledged by the testator and witnesses before a notary, which can speed up the probate process since the court can accept the will without contacting the witnesses who signed it. A special administrator is a person appointed by the court to handle a specific part of the decedent's estate, often until a general executor or administrator can be appointed. Special Immigrant Juvenile Status (SIJS) is a classification for certain foreign children present in the United States who have been abused, neglected, or abandoned by a parent. SIJS can lead to a green card (lawful permanent residence). A special needs trust is a legal arrangement and fiduciary relationship that allows a physically or mentally disabled or chronically ill person to receive income without reducing their eligibility for the public assistance disability benefits provided by Social Security, Supplemental Security Income, Medicare, or Medicaid. A specific bequest is a gift of a particular item or piece of property that is identifiable and distinguished from the rest of the testator's assets. A spendthrift trust is a type of property control trust that limits the beneficiary's access to trust principal. This restriction protects trust property from a beneficiary who might squander trust property and from the beneficiary's creditors. Standing is the legal right to initiate a lawsuit. To do so, a person must be sufficiently affected by the matter at hand, and there must be a case or controversy that can be resolved by legal action. A statute is a written law passed by a legislative body at either the federal or state level. A statutory will is a simplified will form, often available in stationery stores or online. It allows you to state who will receive your property and to name a guardian for your minor children. Stipulation is an agreement made between opposing parties prior to a pending hearing or trial. Sua sponte is a Latin term meaning "of its own accord." It describes an act of authority taken without formal prompting from another party. Substituted judgment is a legal doctrine allowing a court to make decisions on behalf of an incompetent person. A successor fiduciary is a person or institution named in a will, trust, or other document, who will take over the role of fiduciary if the original fiduciary can no longer serve. In legal terms, a supplement refers to additional information or documents that are added to a legal document. A surcharge can refer to the act of a court to charge a fiduciary for mismanagement of an estate's assets. A surety is a person who agrees to be responsible for the debt, default, or obligations of another person. A surety bond is a contract between three parties: the obligee (the party who is the recipient of an obligation), the principal (the primary party who will perform the contractual obligation), and the surety (who assures the obligee that the principal can perform the task). A surety bond rider is a modification made to a standard surety bond form. It can change the terms of the original bond, add additional obligations, or alter the amount of coverage provided by the bond. Tangible personal property is property that can be physically touched and moved, such as cars, furniture, jewelry, and artwork. The taxable estate is the portion of a decedent's estate over which the federal government has jurisdiction to impose a tax. Tenancy in common is a type of ownership interest where each co-owner owns a separate fractional share of the undivided property. When a co-owner dies, their share goes to their heirs rather than the co-owners. Testamentary disposition refers to the allocation of the estate property by the deceased, as specified in their will. A testamentary trust is a trust created by a will. It only comes into use when the testator dies. Testate refers to dying with a valid will in place that dictates the distribution of the decedent's estate. The testator is the person who made and signed the will. Title is a legal term for an individual or entity's legal right to ownership of property. A Totten trust, also known as a payable-on-death (POD) account, is a form of trust in the United States that allows funds to pass outside of probate when the trust's creator dies. A transfer agent is a trust company, bank, or similar financial institution assigned by a corporation to maintain records of investors and account balances and transactions, to cancel and issue certificates, and to deal with associated problems. A trial is a formal proceeding where parties in a dispute present evidence in a court of law to enforce, protect, or defend their legal rights. A trial readiness conference (also known as a pretrial conference) is a meeting before a trial where parties to a case discuss trial procedures and resolve any outstanding issues. A trust is a legal arrangement where one party, known as the trustor, gives another party, the trustee, the right to hold title to property or assets for the benefit of a third party, the beneficiary. A trustee is a person or firm that holds and administers property or assets for the benefit of a third party. A trustor is an individual or entity that creates a trust and places assets under the control of a trustee. The Uniform Transfers to Minors Act (UTMA) is an act that allows a minor to receive gifts—such as money, patents, royalties, real estate, and fine art—without the aid of a guardian or trustee. In law, the venue is the location where a case is heard. Verification is a declaration under oath or upon penalty of perjury that a statement or pleading is true. Vesting refers to the conveyance of a legally enforceable right to some form of property or asset to a recipient, such as an employee. A ward is a person, usually a minor or an individual incapable of managing their own affairs, who is placed under the protection of a legal guardian by a court. A will, or testament, is a legal document by which a person expresses their wishes as to how their property is to be distributed at death. A writ of execution is a court order granted to put in force a judgment of possession obtained by a plaintiff from a court. A will contest is a challenge to the validity of a will, usually by a family member or close associate who believes they were unjustly deprived of an inheritance. Each of these terminologies plays a key role in the probate process. As such, understanding them will make it easier to navigate this process, whether you are drafting a will, serving as an executor, or are a beneficiary of an estate. Understanding probate terminologies is essential in making sense of the entire process of administering a deceased person's estate. From the initial steps of validating a will to the distribution of assets and resolution of disputes, these terminologies form the backbone of the probate process. These terminologies play a crucial role in estate planning and probate proceedings. They not only provide a clear understanding of roles and responsibilities in the process, but they also contribute to the correct preparation and interpretation of legal documents. The complexity of these terms should not deter anyone from learning them as they form an integral part of managing and distributing an estate. A solid understanding can also help prevent misunderstandings and legal complications in the future. Given the complexities involved, it is always advisable to seek the assistance of a qualified estate planning attorney who can guide you through the process and explain any confusing terminology.Understanding Probate Terminologies
Key Probate Terminologies
Abate and Abatement
Abstract of Judgment
Accounting
Ademption
Ad Litem
Administrator and Administrator With Will Annexed
Adverse Possession
Affiant and Affidavit
Age of Majority
Amended and Amendment
Ancillary Administration
Annuitant
Appearance
Assets
Attestation and Attestation Clause
Attorney-In-Fact
Beneficiary
Bequeath and Bequest
Blocked Accounts
Bond
Brief
Bypass Trust
Capacity
Case Management Conference
Certified Copy
Change of Venue
Chattel
Citation
Codicil
Commissioner
Community Property
Confidential Record
Conflict of Interest
Consent for Medical Treatment
Conservatee and Conservator
Conservatorship and Conservatorship Estate
Contempt of Court
Contestant and Contested
Contingent Beneficiary
Coogan Law
Costs
Court Investigator
Creditor and Creditor’s Claim
Decedent
Decision
Declaration
Decree
Deed
Demurrer
Dependent
Developmental Disability
Devise and Devisee
Directive to Physician
Disbursements
Discharge
Disclaimer
Distributee
Donee and Donor
Durable Power of Attorney and Durable Power of Attorney For Healthcare
Elective Share
Elisor
Encumbrance
Equity
Errata
Escheat
Escrow
Estate
Executor
Exemplification
Exhibit
Ex Parte
Expenses of Administration
Fair Market Value
Fiduciary and Fiduciary Duty
Finding
General Administrator
Grantor
Guardian and Guardian Ad Litem
Guardianship
Heir
Holographic Will
In Forma Pauperis
In Propria Persona (In Pro Per)
Incapacity
Inheritance Tax
Interlineation
Inter Vivos Trust
Intestate
Inventory and Appraisal
Irrevocable Living Trust
Issue
Joinder
Joint Tenancy With Right Of Survivorship
Judgment
Judicial Council and Judicial Council Forms
Judicial Officer
Jurisdiction
Kindred
Lapse
Legacy
Legatee
Letters
Life Estate
Limited Conservatorship
Living Trust and Living Will
Lodgment
LPS Conservatorship
Marital Deduction
Minor
Motion and Motion In Limine
Net Estate
Next of Kin
Notice
Nunc Pro Tunc
Nuncupative
Order to Show Cause
Pecuniary
Per Stirpes
Personal Effects
Personal Property
Personal Representative
Petition and Petitioner
Pleadings
Points And Authorities
Power of Attorney
Prayer
Predeceased Spouse
Pretermitted Heir
Probate
Probate Court
Probate Estate
Probate Examiner
Probate Referee
Proof of Service
Pro Tempore
Public Administrator
Public Guardian (Public Conservator)
Public Record
Real Property
Receipts
Regional Center
Residuary Estate
Residuary Legatee
Respondent
Revocable Living Trust
Right of Survivorship
Sealed Record
Self-Proving Will
Special Administrator
Special Immigrant Juvenile Status
Special Needs Trust
Specific Bequest
Spendthrift Trust
Standing
Statute
Statutory Will
Stipulation
Sua Sponte
Substituted Judgment
Successor Fiduciary
Supplement
Surcharge
Surety
Surety Bond
Surety Bond Rider
Tangible Personal Property
Taxable Estate
Tenancy in Common
Testamentary Disposition
Testamentary Trust
Testate
Testator
Title
Totten Trust
Transfer Agent
Trial
Trial Readiness Conference
Trust
Trustee
Trustor
Uniform Transfers to Minors Act (UTMA)
Venue
Verification
Vesting
Ward
Will
Writ of Execution
Will Contest
Bottom Line
Key Probate Terminologies FAQs
Essential probate terminologies include executor, intestate, testate, bequest, will contest, testator, trustor, trustee, petitioner, and respondent. These terms help identify roles, outline processes, and describe legal obligations during probate.
Understanding probate terminologies is critical to make sense of the probate process and legal documents associated with estate planning. They define roles, legal relationships, and provide for a more straightforward navigation of the probate process.
Probate terminologies are used extensively in wills. For instance, the testator is the person who writes the will, and legatees or devisees are the people who receive the property. Bequests or devises refer to property left to individuals.
In trust agreements, the trustor is the person who creates the trust, the trustee manages the trust assets, and the beneficiary receives the benefits. These terminologies identify the roles and responsibilities within the trust agreement.
Besides wills and trust agreements, you might encounter probate terminologies in other estate planning documents like powers of attorney and living wills. They are also prevalent in court documents related to the probate process.
True Tamplin is a published author, public speaker, CEO of UpDigital, and founder of Finance Strategists.
True is a Certified Educator in Personal Finance (CEPF®), author of The Handy Financial Ratios Guide, a member of the Society for Advancing Business Editing and Writing, contributes to his financial education site, Finance Strategists, and has spoken to various financial communities such as the CFA Institute, as well as university students like his Alma mater, Biola University, where he received a bachelor of science in business and data analytics.
To learn more about True, visit his personal website or view his author profiles on Amazon, Nasdaq and Forbes.
