In an attempt to help our clients and friends understand probate terms, we have assembled this short probate dictionary, which features helpful probate terms.
Beneficiary
The beneficiary is the person named in the will who will inherit the assets of the probate estate.
Heir
The heir is the person who will inherit the probate estate when there is no will.
Testate
The term testate is used when someone dies leaving a will.
Intestate
The term intestate is used when someone dies without leaving a will.
Intestate Succession
The order in which heirs are determined in a probate when someone dies without a will is called intestate succession.
Real Property
Buildings and land in a probate estate are known as real property.
Will
A legal document which sets for a person’s wishes about how they want their assets distributed at their death is called a will.
Custodian of the Will
The person who is in possession of the decedent’s will when the decedent dies are called the custodian of the will.
Personal Property
Items which are listed in the probate estate such as cars, furniture, clothing, jewelry, stocks, and cash are known as personal property.
Personal Representative
The person appointed by the probate court who is responsible for managing the distribution of the estate assets, is known as the personal representative. This person can also be known as the administrator or executor of the estate.
Devisees and Legatees
Persons who are named in a will, who will receive distributions from the probate estate, are known as devisees and legatees.
Decedent
The person who died, who is the subject of the probate court proceeding, is known as the decedent or the deceased person.
Executor
The person who is named in the will, and who is then appointed by the court to carry out the decedent’s wishes, is known as the executor.
Decedent’s Estate
The property, real or personal, that a person owned at the time of his or her death, and which is subject to the jurisdiction of the probate court, is known as the decedent’s estate.
Probate
The process wherein the superior court probate department determines what probate assets of the decedent will be distributed to which individuals and entities, is known as a probate.
Letters
When the probate court judge signs the order appointing someone as the estate representative, “letters” are issued, which confirm the appointment of the representative. The letters also contain powers to allow the representative to determine which of the decedent’s assets belong to the estate.
Independent Administration of Estates Act
When requested, the court may grant the personal representative of an estate powers to act on behalf of the estate, such as selling real property, without going back to court for a specific order confirming the sale.
Duties and Liabilities
The personal representative, when appointed by the court, is required to sign the “Duties and Liabilities of Personal Representative” form, which explains the fiduciary responsibilities of the personal representative, and gives instructions on how to manage the estate.
Next of Kin
Under the intestate succession laws of California, Next of Kin refers to the closest living relatives of a decedent
