Probate terms and definitions
The legal words you’ll see in wills, court papers, and estate documents, explained simply.
A
- Administrator
- The person the court appoints to settle an estate when there is no will, or when no executor can serve. Historically, a woman in this role was called an administratrix.
- Administrator c.t.a.
- Short for administrator cum testamento annexo, “with the will annexed.” Appointed when a will exists but names no executor, or the named executor can’t serve.
- Administrator d.b.n.
- Short for administrator de bonis non. A successor appointed to finish settling an estate, for example after the original administrator dies.
- Affidavit
- A written statement of facts made under oath. Many states let small estates be collected with a sworn affidavit instead of a full probate case.
- Ancillary probate
- A second probate proceeding in another state where the decedent owned property.
- Appraisal
- An itemized estimate of the value of estate property, made by an impartial appraiser.
- Attest
- To witness a signature or event, or to certify that a copy of a document is genuine.
B
- Beneficiary
- A person or organization named to receive property from a will, trust, insurance policy, or account.
- Bequeath / bequest
- To leave personal property to someone in a will. The gift itself is a bequest.
- Bond
- A guarantee the court may require from a personal representative to protect the estate if duties aren’t carried out properly. The people who co-sign it are called sureties.
C
- Codicil
- A formal amendment or addition to an existing will.
- Community property
- In some states, property acquired during a marriage is owned equally by both spouses. The community property states are Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin.
- Conservator
- A person appointed by the court to manage the finances of someone who can’t manage their own.
- Contest
- A legal challenge to the validity of a will.
D
- Decedent
- The person who has died.
- Decree
- A formal decision of the court, such as a decree of heirship or a decree of distribution.
- Devise / devisee
- To leave real estate to someone in a will. The person who receives it is the devisee.
- Distribution
- The transfer of estate property to the heirs and beneficiaries once debts are paid.
E
- Escheat
- When no one is entitled to inherit property, it passes to the state. Forgotten funds are also turned over, or escheated, to the state when the owner can’t be found.
- Estate
- Everything a person owns when they die, including real estate and personal property.
- Executor
- The person named in a will to settle the estate. Historically, a woman in this role was called an executrix.
F
- Fiduciary
- Someone who holds and manages assets for the benefit of others and must act in their best interests. Executors, administrators, guardians, and trustees are fiduciaries.
- Final accounting
- The personal representative’s report to the court showing everything received, paid, and distributed. Also called a settlement.
G
- Guardian
- A person appointed by the court to care for a minor, or an adult unable to manage their own affairs, and sometimes their property.
H
- Heir
- A relative entitled by state law to inherit from someone who dies without a will.
- Holographic will
- A will written entirely in the handwriting of the person making it. Not every state accepts them.
I
- Intestate
- Dying without a valid will. The estate is then distributed according to the state’s intestacy laws.
- Inventory
- An itemized list of the estate’s property and its value, filed with the court.
- Issue
- A person’s direct descendants, such as children and grandchildren.
J
- Joint will
- A single will signed by two or more people, usually spouses.
L
- Legacy / legatee
- A gift of property made through a will, and the person who receives it.
- Letters of administration
- The court document that gives an administrator authority to act for the estate.
- Letters testamentary
- The court document confirming an executor’s appointment and authority to settle the estate.
M
- Minor
- A person who hasn’t reached the legal age of adulthood.
N
- Next of kin
- A person’s closest living relatives.
- Non-probate asset
- Property that passes directly to someone outside of probate, such as an account with a named beneficiary or jointly owned property.
- Nuncupative will
- An oral will spoken before witnesses. Valid only in limited circumstances in some states.
P
- Per capita
- A way of dividing an estate in which each eligible person receives an equal share.
- Per stirpes
- A way of dividing an estate by family branch. If an heir has died, their children share the portion that heir would have received.
- Personal property
- Anything owned other than real estate, including cash, bank accounts, stocks, vehicles, and belongings.
- Personal representative
- The general term for the executor or administrator of an estate.
- Petition
- A formal request asking the court to take an action, such as opening probate or appointing a representative.
- Probate
- The court-supervised process of paying a decedent’s debts and transferring their property to heirs and beneficiaries.
R
- Real property
- Land and buildings.
- Relinquishment / renunciation
- Formally giving up a right, such as the right to serve as executor or to receive an inheritance.
S
- Small estate affidavit
- A sworn statement that lets heirs collect the property of a small estate without full probate, where state law allows it.
- Successor in interest
- A person or company that has legally taken over the rights of another, such as an heir or a company that acquired another business.
- Surety
- A person or company that guarantees another’s obligations, such as a probate bond.
T
- Testate / testator
- Dying with a valid will. The person who made the will is the testator (historically testatrix for a woman).
- Trustee
- A person or institution that holds legal title to property for the benefit of someone else.
W
- Will
- A legal document stating how a person wants their property distributed after death and who should settle their estate.
These definitions are general information, not legal advice. Terms and their meaning can vary from state to state. See our guide to the probate process for how these terms fit together.
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