Probate Glossary

There’s a lot of words used in probate that we don’t hear in every day conversation. Here are the most frequently used terms, learn them and “WOW” the argyle socks off your attorney.

Administrator

A person appointed by the Court to carry out the administrative duties of the estate.

Beneficiary

A person entitled to benefit from a will, trust, or life insurance policy.

Codicil

A legal document that changes specific provisions of a will or revokes a will.

Conservator

A person that is court-appointed to provide care for another adult.

Conservatee

A person who is being cared for by a conservator.

CPRES

Certified Probate Real Estate Specialists are trained and certified real estate professionals on the process of marketing and selling real estate involved in the probate process.

Decedent

The person who passed away.

Devise

Leave real property, personal property, or both to someone by the terms of a will.

Devisee

A person to whom real property, personal property, or both is left by the terms of a will.

Estate

All the property (real or personal) that a person owned at the time of death.

Executor

A man appointed by the Testator in the Will to carry out the decedent’s wishes.

Fiduciary Bond

A type of court bond (insurance policy) that ensures you will fulfill your duties as an appointed personal representative.

Heir

A person who inherits when there is no Will.

Intestate

When someone dies without leaving a Will.

Interested Person

An heir, devisee, spouse, creditor, or any other having a property right in or claim against an estate being administered.

Muniment of Title

If the decedent leaves a Will and there are no unpaid debts except those which are secured by real property, then there may be no need for administration. The Will may be admitted to probate as a Muniment of Title which transfers title of real property to the heir(s) very quickly. Letters testamentary or letters of administration are not issued under a Muniment of Title.

Personal Property

Things like cash, stocks, jewelry, clothing, furniture, or cars.

Personal Representative

AKA: Executor or Administrator. The person responsible for overseeing the affairs and distribution of the estate.

Probate

The process of proving the authenticity of a Will and deciding where, how, and to whom to distribute the decedent’s property.

Real Property

Real estate. Buildings and land.

Resident Agent

The personal representative of an estate in Texas must also be a resident. If the person appointed in the will lives out of state, the executor must name someone in Texas to be the “resident agent” so there is someone in Texas to be contacted if the estate is sued.

Testate

A person who passes away with a valid Will.

Trust

An arrangement where a third party (trustee) holds property at another person’s (trustor) requests for the benefit of someone else (beneficiary).

Will

A legal document created by an individual containing instructions as to what should be done with their real and personal property after they pass away.

Will Annexed

Administration with Will Annexed takes place when the Will fails to name an executor, the executor predeceased the decedent or the named executor is unwilling or unable to serve. Persons who are interested in the estate petition the Court to appoint an administrator to handle the affairs of the estate.

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