Disclaimer: This glossary intends to provide the layperson with a general understanding of terms commonly used in Probate Law. The definitions within this document are not comprehensive and are not intended to serve as a substitute for independent research of the law.
A
Abate
To put an end to; nullify.
Abatement
Cutting back certain gifts under a will when necessary to create a fund to meet expenses, pay taxes, satisfy debts, or to have enough to take care of other bequests that are given priority under law or under the will.
Abstract of Judgment
A written summary of a judgment that states how much money the losing party (judgment debtor) owes to the winning party (judgment creditor). This abstract, issued by the court, is recorded at the county recorder to create a lien on any real estate owned or later acquired by the debtor in that county.
Accounting
An act or system of settling accounts; a statement of account or record of financial transactions including debits and credits.
Ademption
The failure of a specific bequest in a will because the property is no longer owned by the testator at the time of death.
Ad Litem
For the suit; for purposes of the suit; pending the suit. (See guardian ad litem.)
Administrator
A person, sometimes a family member, appointed by the court to administer the estate of a person who died without a will (i.e., a Personal Representative). (See also general administrator, public administrator, and special administrator.)
Administrator With Will Annexed
A person appointed by the court to administer the estate of a person who died with a will, but where the will either fails to nominate an executor or the named executor is unable to serve.
Adverse Possession
The actual, open, and notorious possession of real property for a continuous period, held adversely in opposition to the title of any other claimant.
Affiant
One who makes an oath to a statement.
Affidavit
A written statement made under oath.
Age of Majority
The age at which a person legally becomes an adult, with all the associated rights and responsibilities. In most states, including California, this age is 18.
Amended (Document)
To add to or change a document filed in court by replacing it entirely with a new version. In probate, an Amended Petition will be given a new hearing date.
Amendment
A change or addition to a document filed in court. In probate, an Amendment to a Petition does not receive a new hearing date.
B
Beneficiary
An individual or organization that receives a gift of property under a legal instrument such as a will, trust, or life insurance policy. (For wills, benefits are received after probate court approval; trusts distribute benefits as outlined in the trust instrument.)
Bequeath
The act of leaving personal property to someone in a will (e.g., “I bequeath my antique car to my brother Jody”).
Bequest
The personal property left in a will.
Blocked Accounts
Bank or investment accounts that can only be accessed or withdrawn from upon court order or as dictated by statute.
Bond
A document guaranteeing that a specific amount of money will be paid if a fiduciary (such as an executor, trustee, or guardian) fails to perform their duties properly.
Brief
A written document outlining a party’s legal arguments in a case.
Bypass Trust
A trust into which just enough of a decedent’s estate passes to maximize federal estate tax credits. Also known as a credit-shelter trust, A-B trust, or marital life estate trust.
C
Capacity
The mental ability to make a rational decision, including the ability to perceive and appreciate relevant facts. Legal capacity means a person can acquire or transfer rights according to their own will without undue restraint.
Case Management Conference (CMC)
A pretrial hearing between the judge and the parties to explore settlement possibilities and set dates for further proceedings.
Certified Copy
An official copy of a document from a case file that is verified as a true and complete representation of the original.
Change of Venue
The transfer of a case from one judicial district to another.
Chattel
Tangible, movable personal property (as opposed to real property).
Citation
A court-issued writ commanding a person to appear in court or to show cause for not doing so.
Codicil
An amendment or supplement to an existing will which, when admitted to probate, becomes part of the will.
Commissioner
A court-appointed individual with authority to hear and decide on certain limited legal matters.
Community Property
Property acquired by a couple during marriage, excluding gifts or inheritances.
Confidential Record
Information in a court proceeding that is not available to the general public.
Conflict of Interest
A situation in which a person (such as a lawyer or official) has competing obligations or personal interests that could compromise impartiality.
Consent for Medical Treatment
A court-granted power, typically to a conservator, to consent to a minor’s or incapacitated person’s medical treatment.
Conservatee
A person deemed unable to manage their personal care or financial affairs, for whom a conservator is appointed by the court.
Conservator
A person or organization appointed by the court to manage the personal care or financial affairs of a conservatee. (See also LPS conservatorship.)
Conservatorship
A court proceeding to appoint a manager for the financial or personal care of someone unable to manage their own affairs.
Conservatorship Estate
The income and assets of the conservatee that are managed by the conservator.
Contempt of Court
An act that obstructs the administration of justice or shows disrespect for the court, which may be punishable by fines or imprisonment.
Contestant
A person who challenges the eligibility of a will for probate.
Contested (Probate)
To challenge or dispute the probate of a will in court.
Contingent Beneficiary
A person entitled to property under a will if certain conditions are met.
Coogan Law
California law protecting minors’ earnings in the entertainment industry by mandating that a portion (usually 15%) be set aside in a blocked trust account (Coogan Account).
Costs
Expenses awarded or paid in a civil suit or probate proceeding, including court fees and professional fees.
Court Investigator
A professional who conducts investigations and assessments in probate, guardianship, or conservatorship cases to aid the court in making informed decisions.
D
Creditor
A person or institution to whom money is owed.
Creditor’s Claim
A document submitted by a creditor demanding payment from a decedent’s estate.
Decedent
A person who has died.
Decision
A court’s judgment rendered after considering the facts and legal issues in a case.
Declaration
A written statement made under penalty of perjury. Declarations must include the date, location, and state law under which they are executed.
Decree
A formal court order.
Deed
A written document that transfers ownership of real property from one party to another.
Demurrer
A written response to a lawsuit that argues even if the facts are true, there is no legal basis for the lawsuit. May be sustained “with leave to amend.”
Dependent
In family law, a person who is financially supported by another, typically a minor or someone under a court-appointed guardianship.
Developmental Disability
A mental disability beginning before age 18 that continues indefinitely and significantly limits functioning (e.g., intellectual disability, cerebral palsy, autism). See “limited conservatorship.”
Devise
Any property, real or personal, transferred under the terms of a will.
Devisee
A person or entity who receives property under the terms of a will.
Directive to Physician
A document authorizing the termination of life support under specified conditions (California’s version of a Living Will).
Disbursements
Payments made from an estate fund, typically for settling debts or expenses.
Discharge (of Executor/Administrator)
A court order releasing an executor or administrator from further duties regarding the estate once their responsibilities are complete.
Disclaimer
The formal renunciation of a claim or power previously asserted.
DistribuTEE
A person who receives property from an estate.
Donee
One who receives a gift, often referring to a trust beneficiary.
Donor
The person who gives property to another, such as into a trust.
Durable Power of Attorney
A legal document allowing one person to act on behalf of another, even if the latter becomes incapacitated.
Durable Power of Attorney for Healthcare
A legal document designating someone to make healthcare decisions on another’s behalf.
E
Elective Share
A probate law provision allowing a surviving spouse to claim a portion of the decedent’s estate regardless of the terms of the will.
Elisor
A person appointed by the court (often a court clerk) to sign documents when another party is unable or refuses to do so.
Encumbrance
Any claim, lien, or restriction on the title of a property.
Equity
The difference between the fair market value of property and any outstanding liabilities on it.
Errata
Corrections for printing or writing errors, such as misspellings or omissions. Errata correct inadvertent mistakes, not substantive changes.
Escheat
A legal doctrine whereby property with no heirs passes to the state.
Escrow
Money or documents held by a third party until specified conditions in an agreement are met.
F
Estate
The total possessions of a person at death, including money, jewelry, securities, real estate, etc., managed by a fiduciary under court supervision.
Executor
The person named in a will to carry out its instructions and administer the decedent’s estate.
Exemplification
A formal certification process in which court clerks and judges sign to verify the authenticity of a document.
Exhibit
Any physical object introduced as evidence in a court case.
Ex Parte
Latin for “by or for one party.” Refers to situations where only one party appears before the court.
Expenses of Administration
The costs incurred by an executor or administrator in executing the terms of a will or administering an estate (e.g., court fees, professional fees).
G
Fair Market Value
The price at which property would change hands between a willing buyer and a willing seller, both having reasonable knowledge of the facts.
Fiduciary
A person or organization that manages property for another, holding a legal obligation to act in that person’s best interest.
Fiduciary Duty
The legal responsibility to act in the best interest of another party, such as a trustee’s duty to a trust’s beneficiaries or an attorney’s duty to a client.
Finding
A determination of fact by a judge or jury.
General Administrator
A person appointed by the court to administer an entire estate.
Grantor
The person who transfers assets into a trust (also known as the trustor).
Guardian
A court-appointed individual responsible for managing the personal or financial affairs of a minor or incapacitated person.
Guardian ad Litem
A person appointed by a court to represent the best interests of a minor or incapacitated individual during legal proceedings.
Guardianship
The legal relationship established when a guardian is appointed to manage the care or affairs of another, such as a minor or incapacitated adult.
H
Heir
A person who is entitled to inherit property from a decedent either through a will or by law.
Holographic Will
A will that is entirely handwritten, dated, and signed by the testator.
I
In Forma Pauperis
Latin for “in the manner of a pauper.” A designation for those who are unable to afford court costs, resulting in a waiver of fees.
In Propria Persona (In Pro Per)
Latin for “in one’s own proper person.” Refers to a party representing themselves in court without an attorney.
Incapacity
The inability to manage one’s own affairs or make legal decisions.
Inheritance Tax
A tax imposed on the beneficiaries of a decedent’s estate. (Note: Some states, like California, do not impose a state inheritance tax.)
Interlineation
The act of writing between the lines of a legal document.
Inter Vivos Trust
A trust created during the lifetime of the grantor to manage assets and distribute benefits without going through probate.
Intestate
A term used to describe a person who dies without leaving a valid will.
Inventory and Appraisal
A detailed list and valuation of all assets in an estate at the time of the decedent’s death.
Irrevocable Living Trust
A trust created during the grantor’s lifetime that cannot be altered once established.
Issue
A term referring to the natural children (and their descendants) of a decedent.
J
Joinder
The process of combining two or more legal issues or parties in one proceeding to increase efficiency or fairness.
Joint Tenancy with Right of Survivorship
A form of property co-ownership where, upon the death of one owner, the surviving owner(s) automatically inherit the deceased’s share.
Judgment
The official decision rendered by a court.
Judicial Council
The constitutionally mandated body responsible for improving the administration of justice, often comprising judges, court executives, attorneys, and legislators.
Judicial Council Forms
Standardized forms created by the Judicial Council for court filings. Some are mandatory, while others are optional.
Judicial Officer
A person with the authority to decide legal matters in court (e.g., a judge or justice).
Jurisdiction
The authority of a court to hear and decide a case, typically determined by geographic area and type of case.
K
Kindred
Relatives of the decedent as defined under applicable probate law (such as the California Probate Code).
L
Lapse
Occurs when a gift in a will fails because the beneficiary dies before the testator, and no alternate beneficiary is named. (Some states have “antilapse” statutes to prevent this.)
Legacy
An older term for a gift of personal property through a will, more commonly referred to as a bequest.
Legatee
A beneficiary named in a will to receive property.
Letters
The court documents that establish an executor’s or administrator’s authority to act on behalf of a decedent’s estate. In estates with a will, these are “letters testamentary”; without a will, “letters of administration.”
Life Estate
A type of property ownership granting a person the right to use property for the duration of their life, after which ownership passes to another party.
Limited Conservatorship
A conservatorship established for developmentally disabled adults with limitations on the conservator’s authority.
Living Trust
A trust established during a person’s lifetime that remains under their control until death. Also known as an inter vivos trust.
Living Will
A document (also called an advance directive or medical directive) that outlines an individual’s wishes regarding life-support and medical treatment under certain circumstances.
Lodgment
A temporary submission of documents to the court, often used for large exhibits or original documents needed for a specific hearing.
LPS Conservatorship
A conservatorship under the Lanternman-Petris-Short (LPS) Act for individuals with severe mental disorders who may be a danger to themselves or others.
M
Marital Deduction
A tax deduction that allows for the unlimited transfer of property between spouses, generally free of estate and gift tax.
Minor
A person under the age of 18 (or the age of majority), unless legally emancipated.
Motion
A formal request made to a judge for a ruling or order, often accompanied by legal arguments and supporting documents.
Motion in Limine
A pretrial motion asking the court to rule on the admissibility of evidence before trial begins.
N
Net Estate
The total value of an estate after subtracting debts and liabilities from the gross estate.
Next of Kin
The closest living relatives of a decedent as defined by state law regarding intestate succession.
Notice
Formal information provided to a person or entity regarding a legal action or proceeding.
Nunc Pro Tunc
Latin for “now for then,” referring to an order that is effective retroactively.
Nuncupative
An oral will that is generally not valid in many jurisdictions (e.g., California).
O
Order to Show Cause
A court order requiring a person to appear in court at a specified time and justify why they should not be compelled to take a certain action.
P
Pecuniary
Relating to or consisting of money.
Per Stirpes
A method of distributing an estate such that descendants receive the share their parent would have received if the parent had predeceased the decedent.
Personal Effects
Personal belongings such as clothing and jewelry.
Personal Property
Movable property (both tangible and intangible) that is not classified as real property.
Personal Representative
A generic term for the executor or administrator appointed to manage the decedent’s estate.
Petition
A formal written request submitted to the court asking for a specific action or order.
Petitioner
The person who files a petition with the court. The opposing party is usually the respondent.
Pleadings
The written statements of claims and defenses submitted by parties in a legal action.
Points and Authorities
The written legal arguments (often called “P’s and A’s”) supporting a motion, including citations to cases and statutes.
Power of Attorney
A legal document that authorizes one person to act on behalf of another.
Prayer
The section of a petition or complaint that outlines the relief or remedy sought by the petitioner.
Predeceased Spouse
A spouse who died before the decedent.
Pretermitted Heir
A child or spouse unintentionally omitted from a will. Courts may grant such an heir the share they would have received if the decedent had died intestate.
Probate
The judicial process of validating a will and administering the decedent’s estate, including the payment of debts and distribution of assets. Probate may occur even if there is no will.
Probate Estate
All assets that must go through the probate process before title can be transferred to heirs.
Probate Examiner
A court-appointed official who reviews files and documents in probate cases to ensure completeness and accuracy before a hearing.
Probate Referee
An official who values property (other than cash items) in probate and related proceedings.
Proof of Service
A document filed with the court that verifies when and how legal documents were served on a party.
Pro Tempore (Pro Tem)
Latin for “for the time being,” referring to a temporary or acting judge or official.
Public Administrator
A court-appointed official who manages an estate when no executor or administrator is available.
Public Guardian (Public Conservator)
A county officer or staff member elected or appointed to serve as guardian or conservator when necessary.
Public Record
*A court record that is available for public inspection.
R
Real Property
Land and anything permanently attached to it (e.g., buildings).
Receipts
All cash or other assets received by the fiduciary that are not part of the initial inventory.
Regional Center
Nonprofit agencies, often contracted with the state, that provide services and advocacy for persons with developmental disabilities.
Residuary Estate
The portion of the estate remaining after specific bequests have been distributed.
Residuary Legatee
The person named in a will to receive the remaining portion of the estate after specific gifts have been made.
Respondent
The party against whom an appeal is made or who responds to a petition or complaint.
Revocable Living Trust
A trust created during the grantor’s lifetime that can be changed or revoked. Assets placed in the trust bypass probate.
Right of Survivorship
A provision in joint ownership where, upon the death of one owner, the surviving owner automatically inherits the deceased’s share.
S
Sealed Record
A court record that is closed to public inspection unless the court orders otherwise.
Self-Proving Will
A will that includes a sworn statement from the witnesses (under penalty of perjury), which may expedite probate by removing the need to locate the witnesses later.
Special Administrator
A person appointed temporarily by the court to manage an estate, usually during a dispute or emergency situation.
Special Immigrant Juvenile Status (SIJS)
A federal law provision to assist certain undocumented minors in obtaining lawful permanent residence, particularly those in the state juvenile system.
Special Needs Trust
A trust established to provide for a disabled beneficiary without disqualifying them from governmental benefits.
Specific Bequest
A designation in a will that leaves a particular item or sum of money to a beneficiary. If the specific item is not in the estate at death, the bequest fails.
Spendthrift Trust
A trust designed to protect assets from creditors by restricting the beneficiary’s access to the funds.
Standing
The legal right to initiate a lawsuit by demonstrating sufficient connection to and harm from the matter being litigated.
Statute
A written law enacted by a state or federal legislative body.
Statutory Will
*A will prepared using a state-approved form.
Stipulation
An agreement made between parties or their attorneys regarding certain facts or procedures.
Sua Sponte
Latin for “of its own accord,” referring to an action taken by the court without a request from either party.
Substituted Judgment
A legal principle allowing a court to make decisions in the best interest of a person who cannot decide for themselves, often used in conservatorships.
Successor Fiduciary
The person or organization appointed to take over fiduciary duties if the original fiduciary dies, resigns, or is removed.
Supplement
Additional filings submitted to correct deficiencies or add information to existing court documents.
Surcharge
A monetary penalty imposed on a fiduciary if their actions cause a loss to the estate.
Surety
An individual or entity that agrees to be responsible for another’s performance or payment if that party fails to meet their obligation.
Surety Bond
A bond that provides financial security ensuring the faithful performance of a fiduciary’s duties.
Surety Bond Rider
An addendum to a surety bond that extends its terms or conditions beyond the original agreement.
T
Tangible Personal Property
Physical personal property that can be seen or touched (e.g., automobiles, furniture, heirlooms).
Taxable Estate
The gross value of the decedent’s assets minus allowable deductions, which is subject to federal estate tax.
Tenancy in Common
A form of joint ownership where each owner’s share can be sold or bequeathed independently.
Testatmentary Disposition
A legal distribution of property as set forth in a will.
Testamentary Trust
A trust created by provisions in a will that comes into effect upon the testator’s death.
Testate
A person who dies leaving a valid will.
Testator
The person who makes a will.
Title
Legal ownership of property.
Totten Trust
A bank account where the owner designates a beneficiary. Upon the owner’s death, the funds transfer automatically to the beneficiary.
Transfer Agent
A representative authorized to transfer ownership of securities or other assets from one person to another.
Trial
The legal process where disputes are resolved in court, either by a jury or judge (bench trial).
Trial Readiness Conference (TRC)
A pretrial hearing to ensure that all parties are prepared for trial and to establish deadlines for discovery and motions.
U
Uniform Transfers to Minors Act (UTMA)
A law that allows property to be transferred to a minor via a custodian until the minor reaches legal age.
V
Venue
The geographic area in which a court has jurisdiction over a case, typically defined by county or region.
Verification
A written or oral statement, often sworn under oath, that confirms the truth of a document’s contents.
Vesting
The process by which legal ownership of property is established, often explicitly stated for fiduciaries (e.g., “John Smith, as Conservator of the Estate of Bill Jones”).
W
Ward
A minor or incapacitated person placed under the care of a guardian by the court.
Will
A legal document outlining how a decedent’s property should be distributed after death. A will is typically revocable during the maker’s lifetime.
Writ of Execution
A court order directing a sheriff or other official to enforce a judgment, often by levying the property of the debtor.
Will Contest
*A legal proceeding to determine the validity or interpretation of a will.
This glossary is provided as a general reference and should not be used as a substitute for legal advice. For any legal concerns regarding probate or estate planning, please consult with a qualified attorney.