California Probate Glossary
Understanding probate terminology can feel overwhelming during an already difficult time. This glossary explains the most common terms you'll encounter during the California probate process.
40+ terms with California-specific notes where applicableAdministrator to Ancillary Probate
Administrator
A person appointed by the probate court to manage an estate when there is no will, or when the will does not name an executor, or when the named executor is unable or unwilling to serve.
California Note: The court typically appoints a surviving spouse or close relative. If no family member is available, a professional administrator may be appointed.
Affidavit
A written statement of facts that is sworn to be true and signed in the presence of a notary public. Affidavits are commonly used in probate proceedings to verify information about the estate, heirs, or assets.
Ancillary Probate
A secondary probate proceeding conducted in a state other than where the deceased person lived. This is necessary when the decedent owned real property in another state.
Example: If someone lived in California but owned property in Arizona, an ancillary probate would be required in Arizona to transfer that property.
Beneficiary
Beneficiary
A person or organization legally entitled to receive property, money, or other benefits from a will, trust, life insurance policy, retirement account, or similar arrangement.
Codicil to Custodian
Codicil
A legal document that modifies, explains, or revokes portions of an existing will. Like a will, a codicil must be signed and witnessed according to state law to be valid.
Practical Note: For significant changes, attorneys often recommend creating a new will rather than multiple codicils to avoid confusion.
Conservator
A person appointed by the court to manage the personal care, financial affairs, or both for an adult who is unable to make these decisions independently due to mental or physical incapacity.
California Note: California uses "conservator" for adults, while "guardian" is used for minors.
Court Confirmation
The process by which a California probate court reviews and approves the sale of real property owned by an estate. The court ensures the sale price is fair and the transaction is in the best interest of the estate and beneficiaries.
California Note: Court confirmation includes a public hearing where other buyers can submit higher bids (see Overbid Procedure). This process typically adds 60-90 days to the transaction timeline.
Custodian
A person named to manage property left to a minor under the Uniform Transfers to Minors Act (UTMA). The custodian is responsible for using the property for the minor's health, education, and support until the minor reaches the age specified by state law.
Decedent to Durable Power of Attorney
Decedent
The legal term for a person who has died. In probate proceedings, all documents will refer to the deceased as "the decedent."
Devisee
A person who receives real property (land or buildings) through a will. The term distinguishes recipients of real estate from those who receive personal property or money.
Durable Power of Attorney
A legal document that authorizes another person (the "agent" or "attorney-in-fact") to make decisions on your behalf, and importantly, remains valid even if you become incapacitated. There are two types: financial and healthcare.
Important: A power of attorney ends at death. Once someone passes, the executor or administrator takes over decision-making authority.
Executor
Executor
The person named in a will and officially appointed by the probate court to manage the estate, pay debts, and distribute assets according to the will's instructions. In California and some other states, this person may also be called the "personal representative."
Responsibilities include: Gathering assets, paying bills and taxes, notifying creditors, filing court documents, and distributing property to beneficiaries.
Fiduciary
Fiduciary
A person who has a legal and ethical obligation to act in another person's best interest. Executors, administrators, trustees, and guardians are all fiduciaries who must put the beneficiaries' interests above their own.
Fiduciary duties include: Loyalty, confidentiality, full disclosure, obedience to lawful instructions, reasonable care, and proper accounting.
Guardian
Guardian
An adult appointed by the court to be legally responsible for raising a minor child or managing a minor's property. A guardian may be responsible for personal care, finances, or both.
California Note: In California, "guardian" is used for minors, while "conservator" is used for incapacitated adults.
Heir to Holographic Will
Heir
A person legally entitled to inherit property from someone who dies without a will (intestate), based on family relationship. The term is sometimes used broadly to include anyone who inherits property.
Holographic Will
A will that is entirely handwritten and signed by the person making it. Unlike formal wills, holographic wills typically do not require witnesses.
California Note: California recognizes holographic wills as valid, provided the material provisions and signature are in the testator's handwriting.
IAEA to Issue
IAEA (Independent Administration of Estates Act)
A California law that allows executors and administrators to handle many estate matters without seeking court approval for each action. This streamlines the probate process and can significantly reduce time and costs.
California Note: Under IAEA, some real estate sales may proceed without court confirmation, though beneficiaries retain the right to object. Not all estates qualify for independent administration.
Intestate
The legal status of a person who dies without leaving a valid will. When someone dies intestate, state law determines how their property is distributed.
Intestate Succession
The legal process by which property is distributed when someone dies without a will. State law establishes a hierarchy of relatives who inherit, typically starting with a surviving spouse and children.
California Order: Surviving spouse, children, parents, siblings, grandparents, then more distant relatives.
Irrevocable Trust
A trust that cannot be changed or cancelled by the person who created it once it has been established. Assets transferred to an irrevocable trust are generally removed from the grantor's taxable estate.
Issue
A legal term for direct descendants—children, grandchildren, great-grandchildren, and so on. Also referred to as "lineal descendants."
Legatee to Living Trust
Legatee
A person who receives a gift of personal property or money (a "legacy" or "bequest") through a will.
Letters of Administration
The official court document that grants an administrator the legal authority to act on behalf of an estate. This document is required to access bank accounts, transfer property, and conduct other estate business.
Practical Note: Banks and other institutions will require certified copies of these letters before releasing assets.
Letters Testamentary
The official court document that grants an executor the legal authority to manage an estate according to the will. This is the executor's "proof of authority" to conduct estate business.
Practical Note: You'll need multiple certified copies—most institutions require original certified copies, not photocopies.
Lineal Descendant
A direct descendant in the family line—children, grandchildren, great-grandchildren. Same as "issue."
Living Trust
A trust created during a person's lifetime that holds assets and specifies how they should be managed during life and distributed after death. Assets in a living trust typically avoid probate.
California Note: Living trusts are popular in California because they help families avoid the state's often lengthy and expensive probate process.
Order for Probate to Overbid Period
Order for Probate
The court order that officially appoints and confirms the personal representative (executor or administrator) and authorizes them to begin administering the estate.
Overbid Period
In California court-confirmed probate sales, a 10-day period after an offer is accepted during which other potential buyers may submit higher bids. If overbids are received, an auction is held at the court confirmation hearing.
California Note: The minimum overbid must be at least 5% above the first $10,000 of the original bid, plus 10% of the remainder. This process ensures the estate receives fair market value. See the complete Overbid Procedure guide →
Personal Representative to Probate Referee
Personal Representative
A general term for the person authorized to manage an estate—whether an executor (named in a will) or administrator (appointed by the court when there is no will).
Pretermitted Heir
A child born or adopted after a will was written who is not mentioned or provided for in that will. In California, pretermitted heirs may be entitled to a share of the estate as if the parent had died without a will.
Probate
The court-supervised legal process of validating a will, paying the deceased's debts, and distributing remaining assets to beneficiaries. If there is no will, probate determines heirs according to state law.
California Note: Full probate is generally required for estates exceeding $184,500 (as of 2024). Smaller estates may qualify for simplified procedures.
Probate Administrator
A person or entity designated by the state to manage an estate when the decedent died without a will and has no living relatives willing or able to serve.
Probate Real Estate Sale
The court-supervised sale of real property from a deceased person's estate. The sale transfers legal ownership to a buyer and typically requires court confirmation to ensure the estate receives fair market value.
Probate Referee
A state-appointed appraiser who determines the fair market value of estate assets, including real property. The probate referee's valuation is used for court filings and helps establish appropriate sale prices.
California Note: Probate referees are appointed by the State Controller and assigned to cases by the court clerk. They are paid by the estate, typically a percentage of the assets appraised.
Real Property to Revocable Trust
Real Property
Land and anything permanently attached to it, including buildings, houses, and other structures. Also called "real estate." Distinguished from "personal property" which includes movable items.
Revocable Trust
A trust that can be modified, amended, or completely cancelled by the person who created it at any time during their lifetime. Upon death, a revocable trust typically becomes irrevocable.
Testate to Trustee
Testate
The legal status of a person who dies with a valid will. The opposite of "intestate."
Testator / Testatrix
The person who creates and signs a will. Traditionally, "testator" referred to men and "testatrix" to women, though modern usage often uses "testator" for everyone.
Trust
A legal arrangement in which one party (the trustee) holds and manages assets for the benefit of another party (the beneficiary). Trusts can help avoid probate, reduce taxes, and provide for minor children or incapacitated adults.
Trustee
The person or institution responsible for managing trust assets according to the trust's terms. A trustee has fiduciary duties to act in the best interest of the beneficiaries.
Will
Will
A legal document that specifies how a person's property should be distributed after death, names an executor to manage the estate, and may designate guardians for minor children. To be valid, a will must meet state-specific requirements for signing and witnessing.
Questions About Probate Real Estate?
Understanding the terminology is just the first step. If you need guidance on selling property through probate, I'm here to help.
This glossary is provided for educational purposes only and does not constitute legal advice. Probate laws vary by state and individual circumstances. Always consult with a qualified probate attorney for guidance specific to your situation. Information current as of January 2026.
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