Glossary

Estate & probate terms, in plain English

The words you'll run into while settling an estate — defined simply, with links to deeper guides.

Administrator
The person a probate court appoints to settle an estate when there is no will (or the will names no one able to serve).
Advance Directive
A legal document that records your medical wishes and names a healthcare agent in case you can't communicate.
Affidavit
A written statement of facts sworn to be true under oath, signed before a notary or other authorized official.
Beneficiary
A person or organization named to receive assets from a will, trust, insurance policy, or retirement account.
Bequest
A gift of personal property (money, jewelry, a car) left to someone through a will.
Certified Copy
An official copy of a record — such as a death certificate — bearing a seal, accepted by banks, insurers, and courts as legal proof.
Codicil
A legal amendment to an existing will, used to make changes without rewriting the whole document.
Death Certificate
The official government record of a death, required by nearly every institution before releasing assets or paying a claim.
Decedent
The legal term for the person who has died.
Devise
A gift of real estate left to someone through a will (the real-property counterpart to a bequest).
Escheat
When an estate passes to the state because the deceased left no valid will and no locatable heirs.
Estate
Everything a person owns at death — money, property, investments, and personal belongings — minus their debts.
Estate Account
A dedicated bank account, opened by the executor using the estate's tax ID, to collect assets and pay the estate's debts and expenses.
Estate Tax
A tax on the transfer of a large estate at death. Most estates owe none — the federal exemption is in the millions — but some states levy their own.
Executor
The person named in a will to carry out its instructions and settle the estate.
Fiduciary
Anyone legally obligated to act in another's best interest — an executor, trustee, or agent under a power of attorney.
Guardian
A person named (usually in a will) to care for minor children after their parents die.
Heir
A person legally entitled to inherit when someone dies without a will, under state intestacy law.
Intestate
Dying without a valid will. State law then decides who inherits.
Letters of Testamentary
The court document proving an executor's legal authority to act for an estate.
Living Trust
A revocable trust you create while alive to hold assets so they pass to heirs without probate.
Living Will
A written statement of the medical treatments you do or don't want at the end of life.
Per Stirpes
A way of dividing an inheritance so that if an heir dies before you, their share passes down to their children.
Personal Representative
The umbrella term for whoever settles an estate — an executor (with a will) or administrator (without).
POD / TOD
Payable-on-death and transfer-on-death designations that pass an account directly to a named beneficiary, avoiding probate.
Pour-Over Will
A short will used with a living trust that directs any leftover assets into the trust at death.
Power of Attorney
A document naming someone to act for you while you're alive; it ends at death.
Probate
The court-supervised process of validating a will, paying debts, and distributing an estate.
Residuary Estate
Everything left in an estate after debts, taxes, expenses, and specific gifts have been paid out.
Revocable vs. Irrevocable Trust
A revocable trust can be changed or cancelled during your life; an irrevocable trust generally cannot, but offers stronger tax and asset protection.
Small Estate Affidavit
A sworn form that lets heirs collect a modest estate's assets without full probate.
Survivor Benefits
Monthly Social Security payments to eligible family members of a deceased worker.
Testator
The person who makes a will.
Trustee
The person or institution that manages a trust's assets for its beneficiaries.
Will
A legal document stating who inherits your property and who should manage your estate.