Helpful Probate Terms & Definitions

Understanding key probate terms is essential for any executor or administrator managing an estate in California. The probate process includes specific legal steps that can directly affect a real estate transaction and timeline. These basic terms are designed to improve your understanding of probate administration and the roles of those involved.

Beneficiary

A person who inherits when there is a Will

A form of insurance that protects the assets of the estate

A person who has the court-appointed fiduciary responsibility to care for another adult

The person whose care is provided for under a conservatorship

A court proceeding wherein a judge appoints a responsible person (Conservator) to care for another person (Conservatee) who cannot care for him/her self or their finances

A request filed with the court by a person or entity who believes they are owed money by the decedent

A person who has died

Any claim or restriction on a property’s title

All the money and property owned by a person at the time of death

A person named in a Will and appointed by the Court to carry out the decedent’s wishes. This person is also the seller of the real property

A person or entity who holds assets for another

A person entitled to inherit, under the law,  if there’s no will or trust

A person who has died without having made a Will. When there is no Will, the sale of the decedent’s real property often requires court confirmation

The order of who inherits the property when the decedent does not have a Will

A document issued by the court granting authority to handle the affairs of a testate estate

The person responsible for overseeing the management and distribution of the estate

A formal application made to a court in writing that requests action on a certain matter. To begin the probate process, a petition must be filed with the court

The formal court process to appoint a representative, as well as appraise assets and distribute the decedent’s estate to the proper parties

The transfer of legal title (ownership) of real property from the estate of the deceased to a buyer under the supervision of the Court

A probate referee is a court-appointed professional who appraises the assets of a deceased person’s estate during the probate process

The term used to refer to real estate (land and buildings) in probate and trust sales

Having made a valid Will before one dies

In estate planning, a trust is a legal arrangement where a person (the grantor or trustor) transfers assets to a trustee, who manages those assets for the benefit of designated beneficiaries, according to the terms of the trust

A legal document in which a person gives instructions for the distribution of his or her assets upon death

OUR SERVICES ARE TAILORED TO PROVIDE YOU PEACE OF MIND, BECAUSE YOU MATTER

SET AN APPOINTMENT TODAY
Scroll to Top