Probate Glossary
Administrator: A person or entity appointed by the court to administer the estate when no will exists
Administrator with Will Annexed: An Administrator appointed by the court to act on behalf of the estate of a deceased person who left a will, but where no named Executor is either willing or able to act in that capacity
Affidavit: A written statement made under penalty of perjury and requiring notarization
Ancillary Administration: Administration of a decedent’s property located in a state other than the decedent’s permanent residence
Beneficiary: A person who inherits when a will exists
Codicil: An addition to a will that may modify, add to, subtract from, revoke or qualify provisions found in the will. It is signed with the same formality as the will
Conservator: A person the court has appointed to have the fiduciary responsibility for an adult
Conservatee: A person whose care and best interest are provided for under a conservatorship
Conservatorship: A court action in which a judge appoints a responsible person (the Conservator) to take care of another who cannot handle their finances (Conservatee)
Decedent: The person who has died
Declaration: A written statement made under penalty of perjury
Devisee: A person who receives a gift of real property by a will
Estate Taxes: The taxes imposed by the federal government on the transfer of assets upon death
Ex Parte: By, or for, one side only. A situation in which only one party (without the adversary present) appears before a judge
Executor: The person, or company, named in the will to execute the will
Fiduciary: A person charged with a high degree of care who acts on behalf of another. Executors and trustees are fiduciaries
Guardian: The individual, or corporation, who has legal charge of the care and management of the person and/or property of a minor
Heir: A person entitled to inherit another’s property
Inheritance Tax: The taxes imposed on an heir based on their relationship to the decedent
Inheritance Tax Referee: A person that evaluates the assets of the deceased or estate (probate inventory)
Intestate: The terminology used when a person dies without leaving a will
Intestate Succession: The order of who inherits the decedent’s property when
that decedent died intestate (leaving no will)
Irrevocable Trust: A trust whose terms and provisions may not be changed or revoked
Letters of Administration: An order received from the Probate Court that gives the Administrator of an estate the legal authority to locate, manage, spend, distribute and sell the assets of an estate.
Letters Testamentary: An order received from the Probate Court that gives the Executor of an estate the legal authority to locate, manage, spend, distribute and sell the assets of an estate.
Life Estate: An interest in property, the term of which is measured by the life of its owner
Notice of Proposed Action: A Notice of Proposed Action is used when action is taken without court supervision. A Notice of Proposed Action must contain a description of the proposed action in reasonably specific terms, and when dealing with real estate must include sales price and commission payable
Order for Probate : Court appointment or confirmation of the personal representative (Executor, Administrator, etc.)
Personal Representative: The Executor or Administrator
Pretermitted Heir: One who would normally be a beneficiary of the decedent but who is not mentioned in the will
Probate: When used as a noun Probate refers to the assets of the decedent. When used as a verb it means deciding how to distribute the decedent’s assets (real property)
Probate Administrator: Entity, or person, designated by the State to act when the decedents died intestate and without living relatives
Real Estate (also Real Property): An interest in land or property affixed to the land
Residue: The remaining part of a decedent’s estate after the payments of debts and legacies. Also referred to as the “residuary estate”
Residuary Beneficiary: One who receives all or part of the residue when distributed
Revocable Trust: A trust whose terms and provisions can be changed, modified, amended, or revoked
Testate: Designation when a decedent dies leaving a will
Testator: The person (testatrix can be used as the female term) who signs the will that disposes of his/her property
Trotten Trust: A form of revocable trust, usually a bank account that allows for the distribution to the beneficiary upon the death of the trustee without the need for probate of the asset
Trust: A legal title to property held by one party (Trustee) for the benefit of another party (Beneficiary)
Trustor: The person, or persons, who establish a trust
Vacating Sale: The action taken when the buyer does not complete the transaction in a court confirmed sale
Will: The document left by the decedent outlining their wishes for the disbursement of their personal and real property
