Reference
Estate Administration Glossary
Plain-language definitions for every legal term you'll encounter when settling an estate. No law degree required.
Administrator
A person appointed by the court to manage and settle the estate of someone who died without a valid will (intestate). Similar to an executor, but appointed by the court rather than named in a will.
Beneficiary
A person or organization named to receive assets from a will, trust, life insurance policy, or retirement account. Beneficiaries can be individuals, charities, or entities like corporations.
Bequest
A gift of personal property (money, objects, investments) left to someone through a will. A gift of real estate is technically called a 'devise,' though 'bequest' is often used loosely for both.
Codicil
A legally binding amendment to an existing will. A codicil modifies, explains, or adds to the original will without requiring the entire document to be rewritten. It must be signed and witnessed with the same formality as a will.
Community Property
Property acquired by a married couple during their marriage that is owned equally by both spouses. Nine U.S. states — including California, Texas, and Arizona — are community property states. At death, the surviving spouse typically owns their half outright; the deceased's half passes through the estate.
Conservatorship
A court-ordered arrangement in which a person (the conservator) is appointed to manage the financial affairs or personal care of someone who is unable to do so themselves due to incapacity. Often confused with guardianship, which covers personal care decisions.
Creditor
Any person or organization to whom the deceased owed money at the time of death. Creditors must be notified during the probate process and have a set period (typically 3–6 months) to submit claims against the estate.
Death Certificate
An official legal document issued by a government authority that certifies a person's death — including the date, location, and cause. Certified copies are required by banks, insurance companies, courts, and government agencies to transfer assets or cancel accounts.
Decedent
The legal term for a person who has died. You'll see this in legal documents throughout the probate process.
Executor
The person named in a will to carry out the deceased's wishes — collecting assets, paying debts, filing taxes, and distributing property to beneficiaries. Also called a 'personal representative' in some states. If the executor is female, some older documents use 'executrix.'
Estate
Everything a person owns at the time of their death — real estate, bank accounts, investments, personal property, and digital assets — minus any debts owed. The estate is what passes to heirs through the will, trust, or state law.
Estate Tax
A federal or state tax on the transfer of property from a deceased person to their heirs. The federal estate tax only applies to estates above $13.61 million (2024). Twelve states and Washington D.C. have their own estate taxes with lower thresholds.
Fiduciary
A person legally obligated to act in another person's best interest. Executors, trustees, and administrators are all fiduciaries — they must prioritize the estate's and beneficiaries' interests over their own.
Heir
A person legally entitled to inherit from someone who died. Heirs-at-law are determined by state intestacy laws (for those who die without a will). Beneficiaries named in a will are not technically 'heirs,' though the terms are often used interchangeably.
Intestate
Dying without a valid will. When someone dies intestate, their assets are distributed according to the state's intestacy laws — typically to a spouse first, then children, then other relatives. The state decides who inherits, regardless of the deceased's wishes.
Intestate Succession
The legal process by which a deceased person's estate is distributed when they die without a will. Each state has its own rules, but most prioritize: surviving spouse → children → parents → siblings → more distant relatives.
Irrevocable Trust
A trust that generally cannot be modified or revoked after it is created. Assets placed in an irrevocable trust are removed from the grantor's estate, which can provide estate tax benefits and asset protection. Compare with a revocable living trust.
Joint Tenancy
A form of joint property ownership where two or more people share equal ownership with a right of survivorship. When one owner dies, their share automatically passes to the surviving owner(s) without going through probate.
Letters Testamentary
A court-issued document that officially grants an executor the legal authority to act on behalf of an estate. Banks, financial institutions, and government agencies require this document before releasing estate assets. Also called 'Letters of Administration' when there is no will.
Lien
A legal claim against property used as security for a debt — like a mortgage on a home or a lender's claim on a financed vehicle. Liens must be paid off before property can be transferred to heirs.
Living Trust
A legal arrangement created during a person's lifetime to hold and manage their assets. Assets in a properly funded living trust pass to beneficiaries without going through probate. Also called a 'revocable living trust' because the grantor can change or cancel it during their lifetime.
Living Will
A legal document (also called an 'advance directive') that specifies a person's wishes for medical treatment if they become unable to make decisions. Not to be confused with a last will and testament, which deals with property after death.
Muniment of Title
A simplified Texas probate procedure that allows a will to be admitted to record — establishing title to property — without appointing a full executor. Available when there are no debts to pay and no need for formal estate administration.
Per Stirpes
A legal term meaning 'by the roots' — a method of distributing assets where a deceased beneficiary's share passes to their descendants. For example, if you leave assets equally to your three children per stirpes, and one child dies before you, that child's share goes to their own children (your grandchildren).
Personal Representative
The generic term for the person responsible for administering an estate — includes both executors (named in a will) and administrators (appointed by the court). Many states now use this term instead of executor.
Pour-Over Will
A type of will used alongside a living trust. It 'pours' any assets not already in the trust into it at death, ensuring all assets are eventually managed and distributed according to the trust's terms.
Power of Attorney
A legal document authorizing someone (the 'agent' or 'attorney-in-fact') to act on another person's behalf for financial or legal matters. A power of attorney becomes void at death — the executor takes over at that point.
Probate
The court-supervised legal process of authenticating a will, appointing an executor, inventorying assets, paying debts, and distributing property after someone dies. Probate is public record and can be time-consuming and expensive depending on the state.
Probate Court
The court with jurisdiction over matters related to wills, estates, guardianships, and conservatorships. In some states it's called Surrogate's Court or Orphan's Court.
Residuary Estate
What remains in the estate after all specific bequests, debts, taxes, and expenses have been paid. The residuary clause in a will typically covers everything not explicitly given to someone else.
Revocable Living Trust
A trust created during a person's lifetime that can be changed or revoked at any time. The primary advantage is avoiding probate — assets in the trust pass directly to beneficiaries without court involvement. See also: Living Trust.
Right of Survivorship
The right of a surviving co-owner to automatically inherit the deceased co-owner's share of jointly held property. This right bypasses probate and is a feature of joint tenancy and community property with right of survivorship arrangements.
Small Estate Affidavit
A simplified legal document that allows heirs to claim estate assets without going through formal probate — available when the estate's total value falls below a state-set threshold (varies from $25,000 to $200,000+ depending on the state).
Successor Trustee
The person or institution who takes over management of a trust after the original trustee dies or becomes incapacitated. The successor trustee distributes trust assets to beneficiaries according to the trust's terms, typically without court involvement.
Tenancy in Common
A form of joint property ownership where each owner holds a distinct, transferable share — without a right of survivorship. When one owner dies, their share passes through their estate (not automatically to the co-owner), which may require probate.
Testamentary Trust
A trust created within a will that only takes effect at death. Unlike a living trust, a testamentary trust goes through probate before it is funded. Often used to manage assets for minor children.
Testate
Dying with a valid will in place. The opposite of intestate.
Testator
The person who creates and signs a will. If female, some documents use 'testatrix,' though 'testator' is now commonly used regardless of gender.
Transfer on Death (TOD)
A designation on financial accounts, brokerage accounts, and (in some states) vehicle titles that names a beneficiary to receive the asset directly upon death — bypassing probate. Also called Payable on Death (POD) for bank accounts.
Trust
A legal arrangement in which one party (the trustee) holds and manages assets for the benefit of another (the beneficiary). Trusts can be created during life (living trust) or at death (testamentary trust), and can be revocable or irrevocable.
Trustee
The person or institution responsible for managing a trust according to its terms. The trustee has a fiduciary duty to act in the best interests of the beneficiaries.
Will
A legal document that specifies how a person wants their property distributed after death, and who they want to care for minor children. Also called a 'last will and testament.' A will must go through probate before it takes legal effect.