Probate Glossary
Twenty terms you will likely encounter, in plain English.
Probate+
The court-supervised process of validating a will (if any), paying debts, and distributing a deceased person's assets.
Decedent+
The person who has died and whose estate is being administered.
Personal Representative+
The person appointed by the court to manage the estate — called an executor if named in a will, or an administrator if not.
Executor+
A personal representative named in the decedent's will and appointed by the court.
Administrator+
A personal representative appointed by the court when there is no will, or no named executor able to serve.
Letters Testamentary+
The court document authorizing an executor to act for the estate.
Letters of Administration+
The court document authorizing an administrator to act for the estate.
IAEA+
The Independent Administration of Estates Act, which allows a personal representative to take many actions, including selling real property, with less court supervision.
Full Authority+
IAEA authority that permits selling real property without a court confirmation hearing, using a Notice of Proposed Action.
Limited Authority+
IAEA authority that does not include selling real property without court confirmation.
Notice of Proposed Action+
Form DE-165, sent to heirs and beneficiaries describing a proposed sale; they have at least 15 days to object.
Probate Referee+
A state-appointed appraiser who values estate assets, including real property, for the court.
Inventory and Appraisal+
The filing listing estate assets and their values as of the date of death.
Court Confirmation+
A hearing at which a judge approves the sale of estate property and opens the floor to overbids.
Overbid+
A higher bid made in court at the confirmation hearing; the first overbid must exceed the accepted offer by 10% of the first $10,000 plus 5% of the remainder.
Order Confirming Sale+
The court's signed order approving the sale, required before closing a court-confirmed transaction.
Heir+
A person entitled to inherit under California intestacy law when there is no will.
Beneficiary+
A person or entity named in a will or trust to receive property.
Successor Trustee+
The person who takes over management of a trust after the original trustee dies or becomes incapacitated.
Conservator of the Estate+
A court-appointed person who manages the finances and property of an adult who cannot do so themselves.