Probate glossary
Plain-language definitions of the probate terms you'll see on a lead — and what each means for whether a property is actually acquirable through the estate.
- Administrator
- The person the court appoints to administer an estate when there is no will or no named executor able to serve.
- Decedent
- A person who has died and whose estate is at issue.
- Determination of Heirshipin the probate estate
- The court's finding of who the decedent's legal heirs are.
- Disabled's Estate (Guardianship)
- A guardianship over a living disabled adult — NOT a decedent's estate and not an acquisition opportunity.
- Executor
- The person named in a will and appointed by the court to administer the estate. Also called personal representative.
- Guardian ad Litem
- A court-appointed attorney who investigates and reports on a proposed ward's interests in a guardianship case.
- Independent Administrationin the probate estate
- Estate administration with reduced court supervision, common where the will authorizes it.
- Intestate
- Describes an estate where the decedent left no valid will; heirs are set by state law.
- Inventoryin the probate estate
- A court-filed list of the estate's assets, including real property.
- Joint Tenancypasses outside probate
- Co-ownership with right of survivorship: at one owner's death the property passes automatically to the surviving owner and is NOT part of the probate estate.
- Letters of Officein the probate estate
- The court document giving the executor or administrator legal authority to act for the estate. Illinois term; elsewhere 'letters testamentary' or 'letters of administration'.
- Life Estate
- A right to use property for life, after which title passes to the remainderman.
- Minor's Estate (Guardianship)
- A guardianship over a minor — NOT a decedent's estate and not an acquisition opportunity.
- Notice to Creditorsin the probate estate
- A published notice opening the window for creditors to file claims against the estate. Its publication signals active administration.
- Operation of Lawpasses outside probate
- How some assets pass at death by title or contract rather than under a will — these are not in the probate estate.
- Per Stirpes
- A distribution method where each branch of the family takes the share its deceased ancestor would have received.
- Personal Representative
- General term for the fiduciary administering a decedent's estate (executor or administrator).
- Remainderman
- The person who takes full title to property when a life estate ends.
- Residuein the probate estate
- What remains of the estate after debts, taxes, expenses, and specific gifts are paid.
- Small Estate Affidavitin the probate estate
- A simplified, out-of-court process to transfer a modest estate without full probate administration.
- Supervised Administrationin the probate estate
- Estate administration under close court supervision, requiring court approval for key steps.
- Tenancy by the Entiretypasses outside probate
- Spousal co-ownership where the property passes to the surviving spouse outside probate.
- Tenancy in Commonin the probate estate
- Co-ownership with no survivorship: the decedent's undivided share passes through the probate estate.
- Testate
- Describes an estate where the decedent left a valid will.
- Transfer on Death (TOD/POD)passes outside probate
- A beneficiary designation that passes an asset directly to a named person at death, outside probate.
- Will Contestin the probate estate
- A court challenge to a will's validity, which can delay or alter administration.
General information, not legal advice. Definitions are DeedAgent-authored.