Common Legal Terms Used in California Probate

The probate process in California can seem overwhelming, especially when you’re confronted with unfamiliar legal terminology. Understanding the common legal terms used in probate can help you feel more confident and informed as you navigate this complex process. Below is a glossary of key terms you’re likely to encounter during a California probate proceeding.

1. Probate

The legal process of administering a deceased person’s estate. This includes validating a will (if there is one), appointing a personal representative, paying debts, and distributing assets to heirs or beneficiaries.

2. Decedent

The person who has died.

3. Estate

All the assets and debts left behind by the decedent, including real property, personal property, bank accounts, and other valuables.

4. Will

A legal document that expresses a person’s wishes regarding the distribution of their property after death.

5. Testate

A term used when a person dies with a valid will.

6. Intestate

A term used when a person dies without a valid will. In such cases, California’s intestate succession laws determine who inherits the estate.

7. Executor

A person named in the will to manage the estate and carry out the decedent’s wishes.

8. Administrator

A person appointed by the court to manage the estate when there is no will or the named executor cannot serve.

9. Personal Representative

A general term for either the executor or administrator who is responsible for handling the probate estate.

10. Heir

A person legally entitled to inherit property from a decedent who dies without a will.

11. Beneficiary

A person named in a will or trust to receive property or assets from the estate.

12. Letters Testamentary / Letters of Administration

Court documents that officially appoint a personal representative and give them the authority to act on behalf of the estate.

13. Petition for Probate

The formal request was filed with the probate court to begin the probate process and request the appointment of a personal representative.

14. Notice of Petition to Administer Estate

A legal notice informing interested parties (heirs, beneficiaries, and creditors) that a probate case has been filed.

15. Inventory and Appraisal

A detailed listing of the estate’s assets and their values, usually conducted with the help of a probate referee.

16. Probate Referee

A person appointed by the court to appraise certain assets in the estate.

17. Creditor’s Claim

A formal request by a creditor to be paid for debts owed by the decedent.

18. Final Accounting

A report submitted to the court showing how the estate’s assets were managed and distributed.

19. Order for Final Distribution

A court order that approves the final distribution of estate assets to beneficiaries or heirs.

20. Residue

The remaining estate assets after debts, taxes, and specific gifts have been distributed.

Final Thoughts

Understanding these legal terms can make the probate process less intimidating and help you make informed decisions. Whether you’re an executor, heir, or beneficiary, knowing the language of probate is an important first step in managing or receiving an inheritance.

If you’re facing a California probate matter and need help interpreting legal documents or navigating court procedures, consider consulting a probate attorney for guidance.

Contact the top-rated California trust and probate attorneys Moravec, Varga & Mooney today to schedule a telephonic consultation. Have questions, call (626) 460-1763 or email LV@MoravecsLaw.com.

Southern California Probate Lawyer Serving all counties in California, including Los Angeles, Riverside, San Bernardino, Sacramento, Santa Cruz & Beyond.