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
Bond
A form of insurance that protects the assets of the estate
Conservator
A person who has the court-appointed fiduciary responsibility to care for another adult
Conservatee
The person whose care is provided for under a conservatorship
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
Creditor Claim
A request filed with the court by a person or entity who believes they are owed money by the decedent
Decedent
A person who has died
Encumbrance
Any claim or restriction on a property’s title
Estate
All the money and property owned by a person at the time of death
Executor
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
Fiduciary
A person or entity who holds assets for another
Heir
A person entitled to inherit, under the law, if there’s no will or trust
Intestate
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
Intestate Succession
The order of who inherits the property when the decedent does not have a Will
Letters of Testamentary
A document issued by the court granting authority to handle the affairs of a testate estate
Personal Representative (Administrator or Executor)
The person responsible for overseeing the management and distribution of the estate
Petition
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
Probate
The formal court process to appoint a representative, as well as appraise assets and distribute the decedent’s estate to the proper parties
Probate Real Estate Sale
The transfer of legal title (ownership) of real property from the estate of the deceased to a buyer under the supervision of the Court
Probate Referee
A probate referee is a court-appointed professional who appraises the assets of a deceased person’s estate during the probate process
Real Property
The term used to refer to real estate (land and buildings) in probate and trust sales
Testate
Having made a valid Will before one dies
Trust
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
Will
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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