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Probate & Estate Settlement Glossary

Plain-language definitions of probate and estate settlement terms that mean the same thing across the country. Where a concept exists nationally but the rules differ (homestead, elective share, family allowance, exempt property, small-estate limits, creditor deadlines), the definition says so and sends you to your state's page. State-specific procedure names live in the state glossaries, not here.

How to Use This Glossary

Start with unfamiliar legal terms from a form, court notice, or family discussion, then move into the related state and county guides to apply the definition to your actual probate situation.

A

Full definition of Abatement

Full definition of Accounting

Full definition of Ademption

Full definition of Administrator

Full definition of Ancillary Probate

Full definition of Annual Gift Exclusion

Full definition of Appraisal

Full definition of Attestation

Full definition of Attested Will

B

Full definition of Beneficiary

Full definition of Beneficiary vs Heir

Full definition of Bequest

Full definition of Bond

C

Full definition of Certified Copy

Full definition of Co-Executor

Full definition of Codicil

Full definition of Community Property

Full definition of Conservator

Full definition of Contingent Beneficiary

Full definition of Creditor

Full definition of Creditor Claim Period

D

Full definition of Death Certificate

Full definition of Decedent

Full definition of Deed

Full definition of Devise

Full definition of Devisee

Full definition of Disbursement

Full definition of Domicile

E

Full definition of Elective Share

Full definition of Escheat

Full definition of Estate

Full definition of Estate Account

Full definition of Estate Accounting

Full definition of Estate Administration

Full definition of Estate EIN

Full definition of Estate Inventory

Full definition of Estate Real Estate

Full definition of Estate Settlement

Full definition of Estate Tax

Full definition of Estate Tax Exemption

Full definition of Executor

Full definition of Executor Bond

Full definition of Executrix

Full definition of Exempt Property

F

Full definition of Family Allowance

Full definition of Fiduciary

Full definition of Fiduciary Duty

Full definition of Filing Fee

G

Full definition of Grantor

Full definition of Guardian

H

Full definition of Heir

Full definition of Holographic Will

Full definition of Homestead

I

Full definition of Incapacity

Full definition of Income in Respect of a Decedent

Full definition of Inheritance Tax

Full definition of Insolvent Estate

Full definition of Intestate

Full definition of Intestate Succession

Full definition of Inventory

Full definition of Irrevocable Beneficiary

Full definition of Irrevocable Trust

J

Full definition of Joint Tenancy

L

Full definition of Letters of Administration

Full definition of Letters Testamentary

Full definition of Lien

Full definition of Life Estate

Full definition of Living Trust

M

Full definition of Market Value

Full definition of Mediation

Full definition of Mortgage

N

Full definition of Nonprobate Asset

Full definition of Notarization

Full definition of Notice to Creditors

Full definition of Nuncupative Will

O

Full definition of Out-of-State Executor

P

Full definition of Payable on Death

Full definition of Per Capita

Full definition of Per Stirpes

Full definition of Personal Representative

Full definition of Petition for Probate

Full definition of Pour-Over Will

Full definition of Primary Beneficiary

Full definition of Pro Se

Full definition of Probate

Full definition of Probate Bond

Full definition of Probate Clerk

Full definition of Probate Court

Full definition of Probate Estate

Full definition of Probate Lawyer

Q

Full definition of Qualified Charitable Distribution

R

Full definition of Residuary Estate

Full definition of Revocable Trust

Full definition of Right of Survivorship

S

Full definition of Self-Proving Affidavit

Full definition of Settlor

Full definition of Small Estate Affidavit

Full definition of Small Estate Procedure

Full definition of Spendthrift Clause

Full definition of Statute of Limitations

Full definition of Step-Up in Basis

Full definition of Surety Bond

Full definition of Surviving Spouse

T

Full definition of Tenancy in Common

Full definition of Testamentary Capacity

Full definition of Testate

Full definition of Testator

Full definition of Title Insurance

Full definition of Transfer on Death

Full definition of Trust

Full definition of Trust Account

Full definition of Trustee

U

Full definition of Undue Influence

V

Full definition of Valuation Date

W

Full definition of Waiver of Liability

Full definition of Ward

Full definition of Will

Full definition of Will Contest

118 terms

Frequently Asked Questions

What is a probate glossary?
A probate glossary explains the legal terms that appear in estate settlement, court forms, executor duties, and probate notices. It helps families and professionals decode the language before they choose a filing path.
Which probate terms matter most at the beginning of an estate?
The most important early terms are executor or personal representative, intestate, beneficiary, probate estate, letters testamentary, letters of administration, and small-estate procedure.
Can the same probate term be handled differently by state or county?
Yes. The legal concept may be the same, but forms, clerk instructions, local packet names, and filing practice can vary by jurisdiction. That is why this glossary works best alongside the state and county guides.

Need County-Specific Information?

Probate fees, filing requirements, and local rules vary by county. Visit your county's page for specific details.

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Information current as of April 4, 2026

Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in your state can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.