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.)

To add to or change a document that has been filed in court by replacing it in its entirety with a new version. In Probate, an Amended Petition will be given a new hearing date.

To add to or change a portion of a document that has been filed in court. In Probate, an Amendment to a Petition will not be given a new hearing date.

All property other than income that is part of an estate.

An individual or organization to which a gift of property is made. Person (or organization) receiving benefits under a legal instrument such as a will, trust, or life insurance policy. Except when very small estates are involved, beneficiaries of wills only receive their benefits after the will is examined and approved by the probate court. Beneficiaries of trusts receive their benefits directly as provided in the trust instrument.

A person who contests the eligibility of a will to be admitted to probate.

To defend against an adverse claim made in a court by a plaintiff, petitioner or a prosecutor; to challenge a position asserted in a judicial proceeding, as to contest the probate of a will.

A person (or institution) to whom money is owed.

A person who has died.

A court order.

A written legal document that describes a piece of property and outlines its boundaries. The seller of a property transfers ownership by delivering the deed to the buyer in exchange for an agreed upon sum of money.

In family law, refers to a person who is financially supported by another person, usually the parent. In juvenile law, refers to a minor who is in the custody of the court because he or she has been abused, neglected, or molested.

The act of paying out money, commonly from a fund or in settlement of a debt or account payable.

A person’s total possessions (assets), including money, jewelry, securities, land, etc. These assets are managed by a fiduciary subject to a court order (e.g., guardianship estate, conservatorship estate, or decedent’s estate).

The person named in a will to carry out the directions as set forth in the will. This person is the personal representative of the decedent’s estate.

That price for which an item of property would be purchased by a willing buyer, and sold by a willing seller, both knowing all the facts and neither being under any compulsion to buy or sell.

A person or organization that manages property for a person, with a legal responsibility involving a high standard of care (e.g., conservators, guardians, personal representatives, agents, or trustees).

An obligation to act in the best interest of another party. For instance, a corporation’s board member has a fiduciary duty to the shareholders, a trustee has a fiduciary duty to the trust’s beneficiaries, and an attorney has a fiduciary duty to a client.

One who is appointed to generally administer the entire estate.

The person who transfers assets into a trust for the benefit of another. (Also known as a trustor.)

A person appointed by the court to protect and manage the personal care or financial affairs, or both, of a minor (ward).

The office, duty, or authority of a guardian. Also, the relation subsisting between guardian and ward.

A person who would naturally inherit property through a will, or from another who died without leaving a will.

California law no longer has a state inheritance tax as such. But if federal estate tax is owed, some of the amount is paid to the state and allowed as a credit on the amount of federal tax owed

Without a will. Opposite of testate.

A list of all assets in the estate at the beginning of the guardianship, conservatorship, or at the decedent’s death. Cash items are valued by the fiduciary; the probate referee values all other items at their fair market value. IRREVOCABLE

A trust created during the maker’s lifetime that does not allow the maker or anyone else to change it.

Also known as a medical directive or advance directive. A written document that states a person’s wishes regarding life-support or other medical treatment in certain circumstances, usually when death is imminent.

Court order commanding a person to appear in court at a specific date and time, and to show cause to the court’s satisfaction why he or she should not be compelled to perform a certain act (or cease a certain act).

The generic title applied to the person who is authorized to act on behalf of the decedent’s estate. Almost always, this person is either an administrator or executor appointed by the court to administer a decedent’s estate.

A written, formal request, properly filed with the court, for a specific action or order. The petition is a pre-printed court form in some cases, or written in proper format on pleading paper in others (e.g., petition for probate, petition for conservatorship, etc).

A written legal document that gives an individual the authority to act for another.

A child or spouse who, under certain circumstances, is not mentioned in the will and who the court believes was accidentally overlooked by the testator when making his/her will. If the court determines that an heir was pretermitted, that heir is entitled to receive the same share of the estate as he/she would have had the testator died intestate.

The judicial process in which an instrument purporting to be the will of a deceased person is proven to be genuine or not; lawful distribution of the decedent’s estate. The legal process of administering a will. Also, the judicially supervised process for marshaling a decedent’s assets, paying proper debts, and distributing the remaining assets to the persons or entities entitled to them. An estate may be probated even if there is no will.

All the assets owned at death that require some form of legal proceeding before title may be transferred to the proper heirs. Property that passes automatically at death (property in trust, life insurance proceeds, property in a “pay-on-death” account or property held in joint tenancy) is not in the probate estate.

A publicly appointed person who handles the administration of an estate when no other person has been appointed as executor or administrator.

Also known as residue of the estate. Portion of the estate left after bequests of specific items of property are made. Often the largest portion.

A trust created during the maker’s lifetime that can be changed. Allows the creator to pass assets on to choose beneficiaries without going through probate.

In a “joint-tenancy” or “community property with right of survivorship,” the property automatically goes to the co-owner if the other co-owners dies.

A person appointed to be responsible for a deceased person’s property for a limited time or during an emergency, such as a challenge to the will or to the qualifications of the named executor. In such cases, the special administrator’s duty is to maintain and preserve the estate, not necessarily to take control of the probate process

The fair market value of all assets owned by a decedent at date of death (gross estate) less certain allowable deductions, such as debts of the decedent, last illness and funeral expenses, and expenses of administering the decedent’s estate (attorney’s fees, court costs and newspaper publication fees).

A person who has made a will or who has died leaving a valid will; opposite of intestate.

The person who makes a will.

A written legal instrument created by a grantor during his or her lifetime or at death for the benefit of another. Property is given to a trustee to manage for the benefit of a third person. Generally the beneficiary gets interest and dividends on the trust assets for a set number of years. A legal arrangement under which one person or institution (called a “trustee”) controls property given by another person (termed a “trustor”, “grantor” or “settler”) for the benefit of a third person (called a “beneficiary”). The property itself is sometimes termed the “corpus” of trust.

The person named in a trust document who will manage the property owned by the trust and distributes any income according to the document. A trustee can be an individual or a corporate fiduciary.

The person who transfers assets into a trust for the benefit of another. (Also known as a “grantor.”)

A legal document directing the disposal of the testator’s property after their death. A will is revocable during the maker’s lifetime.

A proceeding peculiar to probate for the determination of questions of construction of a will or whether there is or is not a will. Any kind of litigated controversy concerning the eligibility of an instrument to probate as distinguished from validity of the contents of the will. (Will contests are in rem proceedings in that the contest is brought against the thing, the will, as opposed to in personam proceedings, which are brought against a person.)