Probate Glossary

Administrator
A person appointed by the court to manage a probate estate when the deceased died without a will (intestate) or when the named executor cannot serve. In states using UPC terminology, the equivalent role is called 'Personal Representative.'

Affidavit of Heirship
A sworn statement identifying the legal heirs of a deceased person, typically used in Texas and some other states to transfer real estate without full probate in certain circumstances.

Ancillary Probate
A separate probate proceeding required in each state where the deceased owned real estate, in addition to the primary (domiciliary) probate in the deceased's home state.

Attestation Clause
The paragraph in a will where witnesses affirm that the testator signed the document in their presence and that they believe the testator was of sound mind.

Beneficiary
A person or entity named to receive assets — either through a will, trust, or beneficiary designation (like on a life insurance policy or retirement account). Not all beneficiaries go through probate.

Bond / Surety Bond
An insurance policy required in many states for the personal representative, protecting the estate against losses from the PR's mismanagement or breach of fiduciary duty. Often waived when requested in the will.

Codicil
A written amendment to an existing will. Like a will, it must be properly signed and witnessed. Modern practice tends toward simply creating a new will rather than using codicils.

Creditor Claim Period
The window of time — typically 2–12 months from death or from publication of creditor notice — during which creditors must file their claims against the estate or be forever barred.

Decree of Distribution
A court order (in supervised probate) formally authorizing and directing the personal representative to distribute estate assets to the named beneficiaries or heirs.

Deed of Distribution / PR Deed
The legal document used to transfer real estate from a probate estate to the beneficiary or heir. Recorded with the county recorder/register of deeds. Also called a 'Personal Representative's Deed.'

Devise
A gift of real property made through a will. The recipient is called a 'devisee.'

Domiciliary Probate
The primary probate proceeding opened in the state where the deceased was legally domiciled (their permanent home). Governs the distribution of all movable property.

Elective Share
A surviving spouse's (or in some states, domestic partner's) right to claim a minimum share of the deceased spouse's estate regardless of what the will provides. Typically 1/3 to 1/2 of the net estate. Prevents complete disinheritance of a spouse.

Estate Tax
A tax on the total value of a deceased person's estate above an exemption threshold. The federal estate tax exemption is $15 million per person in 2026. Twelve states plus DC have their own estate taxes with lower exemptions.

Executor
The person named in a will to administer the estate. Called a 'personal representative' or 'administrator' in UPC states. Has a fiduciary duty to act in the best interests of the estate and its beneficiaries.

Fiduciary
A person with a legal obligation to act in another party's best interests. Executors, personal representatives, trustees, and guardians are all fiduciaries. Breaching fiduciary duty can result in personal liability.

Final Accounting
A complete record of all estate receipts and disbursements prepared by the personal representative at the end of administration, submitted to the court (in supervised probate) or provided to beneficiaries for approval.

Holographic Will
A will entirely (or substantially) in the testator's own handwriting and signed by the testator, without witnesses. Valid in approximately 25 states (including California, Texas, and Virginia); invalid in about 25 states (including Florida, New York, Ohio).

Independent Administration
A form of probate, available in most states, where the personal representative manages the estate with minimal court oversight. No court approval needed for most routine actions. Contrast with supervised administration.

Inheritance Tax
A tax paid by the individual beneficiaries who receive assets, based on their relationship to the deceased. Different from estate tax. Only six states have an inheritance tax: Iowa, Kentucky, Maryland, Nebraska, New Jersey, and Pennsylvania.

Intestate
Dying without a valid will. Assets governed by intestate succession laws pass to legal heirs in a priority order set by state statute (typically: spouse, then children, then parents, then more remote relatives).

Inventory and Appraisement
A document the personal representative must file with the probate court listing all estate assets and their fair market values as of the date of death. Typically due 2–4 months after appointment.

Issue
Legal term for lineal descendants — children, grandchildren, great-grandchildren, etc.

Joint Tenancy with Right of Survivorship (JTWROS)
A form of co-ownership where the surviving co-owner(s) automatically inherit the deceased owner's share without probate. Available for real estate, bank accounts, and brokerage accounts.

Laches
An equitable doctrine that bars a claim that was unreasonably delayed. Can be relevant in will contests where a challenger waits too long to file.

Letters Testamentary / Letters of Administration
Official court documents issued to the personal representative authorizing them to act on behalf of the estate. Letters Testamentary are issued when there's a will; Letters of Administration when there's no will. Banks, title companies, and others require these before dealing with the estate.

Muniment of Title
A Texas probate procedure (Texas Estates Code §257) that admits a will to probate purely as a title document — without appointing a personal representative — when the only probate asset is real estate and there are no unsecured debts.

Non-Claim Period
Another term for the creditor claim period — the window within which creditors must file claims.

Pay-on-Death (POD)
A beneficiary designation on bank accounts allowing the account to transfer directly to the named beneficiary at death, bypassing probate. Also called a 'Totten Trust.'

Per Stirpes
A method of distributing inherited property by 'branch' — if a beneficiary predeceases the testator, their share passes to their descendants, divided equally among them. Compare to 'per capita.'

Personal Representative (PR)
The modern UPC term for the person who administers the estate — equivalent to executor (when named in a will) or administrator (when appointed for an intestate estate). Most UPC states use PR universally.

Probate
The court-supervised legal process of authenticating a will, appointing a personal representative, paying debts, and distributing a deceased person's estate to heirs or beneficiaries.

Probate Court
The court with jurisdiction over probate matters. Called Probate Court in most states; Surrogate's Court in New York; Orphans' Court in Pennsylvania and Maryland; Circuit Court in others.

Real Property
Land and anything permanently attached to it (buildings, structures). Real property requires a deed to transfer and typically requires probate or a TOD deed to avoid court involvement.

Residuary Estate
The portion of the estate remaining after all specific bequests, debts, taxes, and expenses have been paid. The 'residue' goes to the residuary beneficiary named in the will.

Self-Proved Will
A will accompanied by a notarized attestation clause signed by the testator and witnesses. Can be admitted to probate without requiring live witness testimony — significantly simplifying the process.

Small Estate Affidavit
A sworn statement used to collect a deceased person's personal property (and sometimes real estate) without probate when the estate falls below the state's threshold amount. Available in all 50 states; thresholds range from $15,000 to $100,000.

Specific Bequest
A gift of a particular item of property in a will — 'I give my 1965 Ford Mustang to my son.' Contrast with a general bequest (of money) and a residuary bequest.

Stepped-Up Basis
The adjustment of an asset's cost basis to its fair market value at the date of death. Heirs who inherit and later sell inherited assets are taxed only on appreciation after the date of death, not the original purchase price. A significant income tax benefit.

Supervised Administration
Probate administration where the court reviews and approves every major action. The most formal and court-intensive track. Required when there are disputes or concerns about the PR's conduct.

Surety Bond
See Bond.

Tenancy by the Entirety
A form of joint ownership available only to married couples (and registered domestic partners in some states) in approximately 25 states. Offers stronger creditor protection than joint tenancy; passes to the surviving spouse without probate.

Testamentary Capacity
The legal ability to make a valid will: being of legal age (18 in most states) and of 'sound mind' — understanding the nature of making a will, the extent of one's property, who one's natural heirs are, and how the will disposes of property.

Testate
Dying with a valid will.

Testator
The person who makes and signs a will.

Transfer-on-Death (TOD) Deed
A deed that transfers real estate to named beneficiaries at death without probate. Available in 30+ states. Signed, notarized, and recorded with the county recorder during the owner's lifetime. Fully revocable.

Trust
A legal arrangement where one party (the trustee) holds and manages assets for the benefit of another (the beneficiary). A revocable living trust is the most common probate-avoidance tool; assets held in trust bypass probate entirely.

Trustee
The person or institution responsible for managing and administering a trust according to its terms, in the best interests of the beneficiaries.

Undue Influence
Pressure so severe that it overcomes a person's free will in making a will or other legal document. A common basis for will contests, especially in cases involving elderly testators and family members who were caregivers.

Uniform Probate Code (UPC)
A model probate statute drafted by the Uniform Law Commission and adopted (with modifications) by 18 states. Provides for informal probate handled by a registrar, smaller affidavit thresholds, and simpler administration procedures. See uniformlaws.org.

Will Contest
A formal legal challenge to the validity of a will, based on grounds including: lack of testamentary capacity, undue influence, fraud, forgery, or improper execution. Must be filed within the statutory contest period.