Common words in probate cases
Probate cases use a lot of technical terms. You will often see these on forms or sometimes in instructions. This page has some of the ones you may come across.
| Term | Definition |
|---|---|
| Administrator | The person (usually the spouse, domestic partner, or a close relative) that the court appoints to manage the estate of a person who dies without a will. The administrator is also called the personal representative of the estate. |
| Asset | Property in the estate that has value and is available to pay debts and obligations |
| Beneficiary | A person who inherits when there is a will. |
| Decedent | The person who died. |
| Decedent's estate | All real and personal property that a person owned at the time of death. |
| Executor | A person named in a will and appointed by the court to carry out the dead person’s wishes. The executor is also called the personal representative of the estate. |
| Heir | A family member who inherits from a decedent. |
| Holographic will | A will that is handwritten, dated, and signed by the person writing the will. |
| Intestate | When someone dies without leaving a will. |
| Intestate succession | The order of who inherits property when someone dies without a will. |
| Liability | Debt or another obligation that must be paid from the estate |
| Living trust | A trust created during the life of a person to distribute money or property to another person or organization. |
| Personal property | Things like cash, stocks, jewelry, clothing, furniture, or cars. |
| Personal representative | The administrator or executor that the court appoints to manage the estate. |
| Probate | The court process for distributing a dead person’s assets, paying debts owed by the dead person, and settling the financial affairs of people when they die. |
| Real property | Buildings and land. |
| Successor | Anyone who has the legal right to receive the property of a person who dies, either under the will or the Probate Code. |
| Testate | When someone dies leaving a will. |
| Trust | An arrangement where property is given to someone to be held for the benefit of another person. |
| Will | A legal paper that lists a person’s wishes about what will happen to their property after death. |