Commonly used probate words.

Probate can sometimes feel like learning a new language.

Here’s a simple glossary of the most common terms you’ll hear — and what they really mean — as you move through the probate process.

Estate:

All the property, money, and belongings owned by someone at the time of their death.

Personal Representative:

The person appointed by the Court to manage the estate.

(Also called an Executor if there is a will, or an Administrator if there is no will.)

Letters Testamentary / Letters of Administration:

The Court documents that give the personal representative official authority to act on behalf of the estate.

Will (Last Will and Testament):

A legal document that states how a person’s property should be distributed after their death.

Intestate:

Dying without a will.

When this happens, state law decides who inherits the estate.

Beneficiary:

A person (or organization) named in a will or trust to receive property.

Heir:

A person who is legally entitled to inherit property under state law when there is no will.

Inventory:

A detailed list of everything the deceased owned at the time of death, along with each item’s value.

Creditor:

A person or business to whom the deceased owed money at the time of death.

Claim:

A request filed by a creditor asking the estate to pay a debt.

Conservator:

A person appointed by the Court to manage money or property for someone who cannot manage it themselves, such as a minor or an incapacitated adult.

Guardian:

A person appointed by the Court to make personal (non-financial) decisions for someone who cannot care for themselves, such as a minor or an incapacitated adult.

Supervised Administration:

A type of probate where the Court closely oversees the personal representative’s actions.

You must get Court approval for many steps, like selling property or distributing assets.

Independent Administration:

A type of probate where the personal representative can handle many steps without Court approval, making the process faster and less expensive.

Distribution:

The process of giving out the estate’s money and property to heirs and beneficiaries.

Final Accounting:

The last detailed report showing all the money that came in and went out of the estate, filed before closing the estate.

Closing the Estate:

The process of filing final paperwork with the Court, distributing remaining assets, and getting officially discharged as personal representative.

Legal Disclaimer: This information is provided for general educational purposes only and does not constitute legal advice. Please consult an attorney for advice regarding your specific situation.