PROBATE TERMINOLOGY

FAQ

Understanding probate can be complex, but we're here to help!

Below is a glossary of key terms that will guide you through the process.

  • Beneficiary

    Someone who inherits something from an estate with a will. A beneficiary is named in the will.

  • Codicil

    A supplement to a will such as a document or rider that modifies or supersedes an existing provision of the will or creates a new provision. 

  • Conservator

    Someone appointed to manage the affairs of someone who is incompetent or unable to make decisions for themself. 

  • Heir

    Someone who inherits property when someone dies. An heir is someone who is not named as a beneficiary in the will but is a family member of the deceased by marriage or blood. This includes a spouse, child, parent, or, in some cases, more extended family.

  • Intestate

    Someone who dies without a legal will in places dies intestate. In this case, distribution of the estate’s assets is the responsibility of the probate court and completed according to state law.

  • Joint Tenancy With Rights of Survivorship

    A type of joint property ownership that grants co-owners the right to a share of the home upon the death of a joint tenant. The interest of the deceased co-owner is automatically transferred to surviving co-owners. With regular joint tenancy ownership without right of survivorship, tenants in common have no right of survivorship unless the deceased co-owner specifically states that his or her interest in the property should be divided among surviving co-owners in a will. 

  • Personal Representative (Executor or Executrix)

    A personal representative, also known as an executor or executrix is someone designated by a will to administer an estate and handle distribution of the estate’s assets to beneficiaries.

  • Probate

    A court process in which a will is proved valid and a decedent’s estate is settled.

  • Probate Court

    The state court under the judicial system that handles matters related to conservatorships, wills, and estates.

  • Tenancy in Common

    A type of shared tenancy in which each tenant or owner has a separate interest in the property that can be transferred.

  • Title or Testate

    Someone who has died and left a valid will 

Explore More Terms

If you have any questions about these terms or the probate process, feel free to reach out to us at Katyna Bunn - Legacy Partners Realty.

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