Glossary Of Common Probate Terms
The intent of this glossary is to provide individuals going through probate with a general understanding of terms commonly used in Probate Law and their application. The definitions within this document are not comprehensive and are not intended to serve as a substitute for independent research of the law or for a probate attorney. We have however, reviewed the terms and we have worked with members of the law to check and review our content to provide you with the best and most up to date information. We believe that probate can be confusing and understanding the different terms is very important to navigate the process.
If you have any questions or would like to contribute to our glossary, please feel free to visit our contact page.
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- Pecuniary Being in charge of managing a company's finances is an important responsibility. It affects how much money employees will be able to take home every week and what kind they'll receive, but it also has some less obvious effects on morale for(...) Read More
- Pension plan An employer’s program for providing retirement income to eligible employees. A pension plan is an employee benefit in which the company promises to making regular contributions to a fund set aside to support payments to eligible employees(...) Read More
- Per stirpes "Per stirpes" is a term used in wills and trusts to describe how property is distributed when a beneficiary predeceases the testator (the person who made the will) or settlor (the person who created the trust). If a will or trust is written(...) Read More
- Personal Property Anything owed by a person that can be moved such as money, securities, jewelry, etc. Personal property is often referred to as movable property, chattels, or movables. Due to the fact that it is considered an asset, a lender may evaluate it(...) Read More
- Personal representative A person who manages the legal affairs of a decedent in probate. If the decedent had a will, then the personal representative is known as the Executor (if the Executor is female, Executrix). If the decedent did not have a will and the assets(...) Read More
- Probate Petition A petition is a written, formal request properly filed with the Court, for a specific action or order. Some form petitions are preprinted and available on the Court’s websites. A petition for probate is a legal document filed with a court(...) Read More
- Petition for probate The probate court document that summarizes a will’s provisions and names the heirs. If it is determined that the estate must be administered through probate, you must file a petition to open probate. This notifies the court of the(...) Read More
- Petitioner A petitioner is always in need of an opponent, or respondent. The person who opposes their prayer and raises objections to what they are petitioning for is called “respondent”. The petitioner is the party who approaches the court with a(...) Read More
- Pleadings The allegations by each party of their claims and defenses in a civil case. Claim and defense submissions are made in pleadings at the beginning of a case. A complaint is filed by the plaintiff describing the facts of the case. An answer(...) Read More
- Points and Authorities Points and authorities refer to the written legal argument given in support of a motion. It includes references to past cases, statutes, as well other statements about law that give added emphasis on its legality for your demand being(...) Read More
- Power of attorney The authority to act legally for another person. Principals who are temporarily or permanently incapacitated, or who cannot sign important documents, are most commonly given power of attorney. The power of attorney can come to an end for(...) Read More
- Payer The plaintive is the part of a complaint or petition which asks for relief from suffering, and may include any damages that are desired. The payer is the individual or entity that pays for the settlement. Read More
- Predeceased Spouse This term is often used in cases where a person has died before their spouse. A person who dies before their or who does not live long enough to see another person pass away is referred to as a predecessor spouse. When a person who was(...) Read More
- Pretermitted Heir A person who is not mentioned in a will and whom the testator overlooked when making his/her will may be entitled to receive an inheritance. If courts determine that this heir was pretermitted, he or she gets their share of the estate as if(...) Read More
- Pro Tempore A temporary, substitute commissioner or referee who is acting in place of another when they are not available. The Latin word for “for the time being” can be translated as pro tem which means “temporarily;” this same meaning applies to(...) Read More
- Probate The court-supervised process whereby a decedent’s assets are distributed to a decedent’s heirs and creditors are paid back after s/he dies. The legal process of administering a decedent’s estate. Also, a judicially supervised process for(...) Read More
- Probate attorney A probate attorney is someone that works on behalf of the estate or beneficiaries as well as the judge and the executor to get the best outcome for all parties. Probate attorneys are the most expensive part of probate and according to(...) Read More
- Probate Court The court that handles matters concerning wills estates, such as the distribution of property or money to those named in a will. In California, the Probate Court also handles guardianships and conservatorships. The probate court's role is(...) Read More
- Probate Estate All the assets owned at death that require some form of legal proceeding before title may be transferred to a proper heir. Property passing through probate are in an estate, not just those things which automatically transfer without any action(...) Read More
- Probate Examiner The Probate Examiner examines files and documents in pending probate matters, providing a technical review to ensure that they have proper notice for the court hearing. The work product is then posted prior so parties can make any corrections(...) Read More
- Probate Sale A probate sale is the sale of a deceased person’s property in cases where they died without leaving a will allocating the property to a beneficiary. The probate court has to determine how the property will be distributed reasonably among(...) Read More
- Proof of Service A formal notice of service filed with the court that proves when documents were first served on a party in an action. It is a court document submitted by a process server as proof that they served the witness or party in a lawsuit with the(...) Read More
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- Real Property Real property is property that can not be moved such as a home residence or plot of land. Property is a legal term that refers to communal belongings or wealth, typically with strong implications of individual ownership. In law, the phrase(...) Read More
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- Public Administrator A public administrator is an officer of the court who handles all aspects related to an estate when no other person has been appointed as executor or administrator. In some states, this exists but is called another name. A public(...) Read More
- Public Record A court record is a document that may be inspected by anyone. Read More
