Important Note

Important Note

The information on this page is intended to help you gain a better understanding and prepare specific questions to discuss with your attorney or Real Estate Professional. It is provided for
informational purposes only, without any warranty or guarantee of accuracy. this resource is designed to assist personal representatives and executors in managing their challenging
responsibilities. By accessing this page, you acknowledge that it is for informational use only and that all decisions regarding probate matters should be made in consultation with an attorney and/or a Real Estate Specialist.

Probate Terminology

Probate Terminology

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

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.

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

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.

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

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.

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

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

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

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

Someone who has died and left a valid will