Glossary of Probate Terms
Navigating the probate process can be complex, especially during a time of grief. Understanding key terms can help clarify the steps involved. Here’s a glossary of essential probate-related terms:
Administrator: A person appointed by the court to manage and distribute the estate of someone who died without a will (intestate).
Beneficiary: An individual or entity designated to receive assets or benefits from a will, trust, insurance policy, or other financial instrument.
Bequest: A gift of personal property or assets left to a beneficiary through a will.
Codicil: A legal document that modifies, adds to, or revokes provisions in an existing will.
Decedent: The person who has passed away.
Devise: A gift of real property (such as land or a home) left to a beneficiary in a will.
Executor/Executrix: The individual named in a will to administer the estate, ensuring that the deceased’s wishes are carried out. “Executor” is gender-neutral; “executrix” refers to a female executor.
Heir: A person legally entitled to inherit a portion or all of an estate when there is no will.
Intestate: Dying without a valid will, leading to the distribution of the estate according to state laws.
Letters of Administration: Official documents issued by the court granting an administrator the authority to manage and distribute the decedent’s estate.
Letters Testamentary: Official documents issued by the court granting an executor the authority to act on behalf of the decedent’s estate as specified in the will.
Personal Representative: A general term for the individual responsible for managing the decedent’s estate, whether as an executor (with a will) or administrator (without a will).
Probate: The legal process of validating a will, settling debts, and distributing the decedent’s assets to beneficiaries.
Testate: Dying with a valid will in place.
Testator/Testatrix: The person who has made a will. “Testator” is gender-neutral; “testatrix” refers to a female.
Trust: A legal arrangement where one party (the trustee) holds and manages assets for the benefit of another (the beneficiary).
Will: A legal document outlining how a person’s assets and affairs should be handled after their death.
Understanding these terms can provide clarity and assist in effectively navigating the probate process.