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

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

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