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ADMINISTRATOR
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).


ADMINISTRATOR WITH WILL ANNEXED
A person appointed by the court to administer the estate of a person who died with a will, but this person was not named in the will to act as a personal representative. Also known as Administrator C.T.A. (Cum Testamento Annexo).


BENEFICIARY
An individual or organization to whom a gift of property is made.


CODICIL
An amendment or supplement to an existing will.


CONSERVATEE
A person determined by the court to be unable to protect and manage their personal care of financial affairs, or both. And, for whom the court has appointed a conservator.


CONSERVATOR
A person or organization appointed by the court to protect and manage the personal care or financial affairs, or both, of a conservatee. (See LPS Conservatorship)


DECEDENT
A person who died.


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


EXECUTOR
The person named in a will and appointed by the court to carry out the direction as outlined in the will. This person is the personal representative of the decedent’s estate.


FIDUCIARY
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.

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


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


HOLOGRAPHIC WILL
Generally, a will that is completed handwritten, dated and signed by the person making the will.


INTER VIVOS TRUST
A trust set up during the lifetime of a person to distribute money or property to another person or organization (as distinguished from a person who transfers money or property after death).


INTESTATE
When a person dies without a will. Opposite of Testate.


INTESTATE SUCCESSION
The order of who inherits property when someone dies without a will.


IRREVOCABLE TRUST
Trust wherein the grantor has expressly released the power of revocation.


LETTERS
The court document that establishes the authority to act as a guardian, conservator, or personal representative (executor or administrator). In a decedent’s estates, an executor’s letters are designated “letters testamentary,” and an administrator’s letters are “letters of administration.”


LIVING TRUST
A trust set up during the life of a person to distribute money or property to another person or organization.


LIMITED CONSERVATORSHIP
A type of conservatorship for developmentally disabled adults.


MINOR
As used in the context of a guardianship, a person under the age of 18 is placed in the care of a court-appointed guardian.


PERSONAL PROPERTY
Anything owned by a person that can be moved such as money, securities, jewelry, clothing, furniture, cars, etc. (See Property)


PERSONAL REPRESENTATIVE
An administrator or executor appointed by the court to administer a decedent’s estate.


PETITION
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.


PROBATE
The legal process of administering a will. Also, the judicially supervised process for distributing a decedent’s assets, paying debts owed, and distributing the remaining assets to the persons or entities entitled to them.


PROBATE COURT
The court that handles matters concerning wills and estates, such as the distribution of property or money to those named in a will. In California, the Probate Court also handles guardianships and conservatorships.


PROPERTY
Anything that can be owned such as money, securities, land, buildings, etc. (See Personal Property and Real Property)


REAL PROPERTY
Land and immovable objects on the land such as buildings. (See Property)


REVOCABLE TRUST
A trust in which the person making the trust retains the power to revoke the trust.


SMALL ESTATES
A decedent’s estate many avoid probate and have personal property transferred directly to an heir if the decedent’s estate meets the requirements of California Probate Code 13100 et. Seq.


SUCCESSOR
Anyone who has the legal right to receive property of a person who dies, either under the Will or the Probate Code.


SUCCESSOR FIDUCIARY
The next person or organization appointed if a vacancy arises in a conservatorship, guardianship, or decedent’s estate because of the fiduciary’s death, removal, or resignation.


TESTATE
Having made a valid will. Opposite of intestate.


TESTATOR
A person who makes a will.


TESTAMENTARY TRUST
A trust created by a will.


TRUST
An arrangement where property is given to someone to be held for the benefit of another (i.e., held in trust).


TRUSTEE
A person or organization who has been authorized by a trust to hold and manage property for the benefit of a beneficiary. (see Fiduciary)


WARD
A minor.


WILL
A document that lists a person's wishes about what will happen to his or her property after death. Such a document should be made according to the law (see California Probate Code 6100 et. Seq.) and is filed in a probate court after the person has died.