Navigating the probate process can be complex and overwhelming, especially when dealing with legal jargon and unfamiliar terms. Our Probate Glossary is designed to provide clear and concise definitions of the most common terms you may encounter during probate. Whether you’re a beneficiary, executor, or simply seeking to understand the probate process better, this glossary will help you gain a clearer understanding and ensure you’re well-informed every step of the way.
Administrator: A person appointed by the court to manage the estate of a deceased person who left no will.
Beneficiary: An individual or entity entitled to receive assets from an estate or trust.
Bequest: A gift of personal property left to someone in a will.
Codicil: An amendment or addition to an existing will.
Estate: All the property, assets, and debts left by a deceased person.
Executor/Executrix: A person named in a will to manage the estate, ensuring the deceased’s wishes are carried out.
Fiduciary: A person or organization that acts on behalf of another person, putting their interests ahead of their own, with a duty to preserve good faith and trust.
Heir: A person legally entitled to inherit some or all of the estate of another person who has died intestate (without a will).
Intestate: Dying without a valid will. State laws that provide default rules to determine how the estate is distributed if there is no valid will.
Legacy: A gift of money or personal property left to someone in a will.
Letters of Administration: A legal document issued by a court that appoints an administrator to manage the estate of a person who has died without a will.
Letters Testamentary: A legal document issued by a court that gives an executor the authority to act on behalf of a deceased person’s estate.
Living Trust: A trust created during a person’s lifetime to manage their assets, which can help avoid probate if properly set up and managed.
Non-Probate Assets: Certain assets, such as assets that
Personal Representative: A general term for the person responsible for administering the estate, whether an executor (in the case of a valid) or an administrator (if there is no will).
Power of Attorney: A legal document that allows someone to act on another person’s behalf in financial or medical matters during that person’s life.
Probate: The legal process of proving a will’s validity, identifying and inventorying the deceased’s property, paying debts and taxes, and distributing the remaining property according to the will or state law. Idaho has both a formal and an informal probate option.
Residue/Residue Estate: The remaining portion of an estate after all debts, taxes, expenses, and specific bequests have been paid or distributed.
Testate: Dying with a valid will in place.
Testator/Testatrix: A person who has made a legally valid will before their death.
Trustee: An individual or organization that holds or manages and administers property or assets for the benefit of a third party.
Will: A legal document expressing a person’s wishes regarding the distribution of their property and the care of any minor children after their death.