Educational content only. Not legal, financial, tax, or medical advice. Plan Your Passing is not a law firm and no attorney-client relationship is created here. Estate, probate, tax, and inheritance laws differ by country, state, and county. You are responsible for confirming what applies to you. Always consult a licensed attorney in your jurisdiction before acting on anything you read or generate on this site.
Plain English Glossary
60+ terms defined in plain English. No legalese. The short answer first, the longer answer when you want it. Cross-linked to the relevant scenarios and tools so you go from confused to confident in two clicks.
Court-appointed person who handles an estate when there is no will or no named executor.
When someone dies without a valid will (or with a will that does not name an executor), the probate court appoints an administrator to handle the same duties an executor would: gather assets, pay debts, distribute the estate. The administrator is usually the closest surviving family member.
Written instructions for your medical care if you cannot speak for yourself.
An advance directive is a category of legal documents that spells out your healthcare wishes when you are unable to communicate. It usually includes both a living will (specific treatment preferences) and a healthcare power of attorney (a person you authorize to make medical decisions for you). Every adult should have one. Free state-specific forms are available.
A person or organization named to receive assets from an estate, trust, insurance policy, or retirement account.
Beneficiaries fall into two main categories. Named or designated beneficiaries (on retirement accounts, life insurance, TOD/POD bank accounts) receive their share directly without going through probate. Will or trust beneficiaries receive their share after the estate is administered.
A specific gift made through a will.
A bequest is a particular item or sum given to a specific person through your will. 'I leave my grandfather clock to my daughter Lisa' is a bequest. Bequests are paid before the residual estate is distributed.
An official copy of a document (usually a death certificate) issued by a government office.
Banks, brokerages, insurance companies, and government agencies all want certified copies of the death certificate, not photocopies. Order at least 10 from the funeral home or the state vital records office. Most estates need 10 to 20 over the course of administration.
A formal amendment to an existing will.
Instead of rewriting a whole will, a codicil makes specific changes (adding a beneficiary, updating an executor) while keeping the rest of the will intact. Codicils must be signed and witnessed with the same formality as the original will.
A backup beneficiary who inherits only if the primary beneficiary cannot.
If the primary beneficiary has died or otherwise cannot accept the inheritance, the contingent beneficiary receives the asset. Always name a contingent beneficiary on retirement accounts and life insurance to avoid the asset reverting to the estate and getting probated.
The legal term for the person who has died.
Used in probate filings, court documents, and tax forms. The decedent's estate is what gets administered. The decedent's wishes are what the will and trust documents express.
Official government document confirming the date, location, and cause of death.
Issued by the state vital records office, usually delivered through the funeral home. Required for almost every post-death transaction. Order multiple certified copies (10 minimum, 20 for estates with many accounts and properties).
Everything the deceased owned at the time of death.
The probate estate is the subset that passes through the court process. It does not include property held in a funded trust, joint tenancy property, or assets with named beneficiaries. The non-probate estate passes outside court.
A beneficiary named on a specific account or policy that bypasses probate.
Retirement accounts (401k, IRA), life insurance policies, TOD/POD bank accounts, and some investment accounts let you name a beneficiary directly. These assets transfer outside the will. Always keep designations current after marriages, divorces, or deaths.
Legal refusal of an inheritance.
A beneficiary can disclaim an inheritance, in which case it passes to the contingent beneficiary or the next person in line. Common reasons: tax planning, debt avoidance, or because the beneficiary does not want the asset. The disclaimer must be in writing within 9 months of death (per IRS).
Authority for a person to act on your behalf that survives your incapacity.
Unlike a regular power of attorney (which ends if you become incapacitated), a durable POA continues. There are typically two types: financial (handles your money and property) and healthcare (handles medical decisions). Every adult should have both.
Everything a person owns and owes at any given time.
While alive, your estate is your net worth plus your liabilities. After death, the estate is what gets administered: real estate, financial accounts, personal property, debts, and any income generated during administration.
Tax on the transfer of property at death.
The federal estate tax only applies above the federal exemption (around $13.6 million per person in 2025). Twelve states and DC also have their own estate tax with much lower thresholds. Most families never owe estate tax.
Person named in a will to administer the estate.
Also called personal representative in many states. The executor is responsible for filing the will with probate court, gathering assets, paying debts, filing taxes, and distributing the inheritance. Most states allow executors to take a fee (often 2 to 5 percent of the estate).
A person legally obligated to act in another person's best interest.
Executors, trustees, agents under power of attorney, and guardians are all fiduciaries. They have a legal duty of loyalty and care. Self-dealing, mismanagement, or breach of fiduciary duty is grounds for removal and personal liability.
A trust whose assets have been formally retitled into the trust's name.
A trust document is just paper unless you actually move assets into it. A funded trust has had real estate deeds, bank accounts, and other property retitled to the trust's name. Only assets in a funded trust avoid probate. An unfunded trust does not.
The person who creates a trust.
Also called the settlor or trustor. The grantor funds the trust, names the beneficiaries, names the trustee, and (if the trust is revocable) can change the terms during their lifetime.
A person legally appointed to care for a minor child or incapacitated adult.
Parents name a guardian for their minor children in their will. If they do not, the court appoints one. Guardians of the person handle daily care; guardians of the estate handle finances. Sometimes the same person fills both roles.
A document naming someone to make medical decisions for you if you cannot.
Also called a healthcare proxy or healthcare agent designation. Distinct from a living will, which sets out specific treatment preferences. Some states combine the two into one form. Every adult should have a healthcare POA.
A person legally entitled to inherit when there is no will.
Heirs are determined by state intestacy law. Spouses, children, parents, and siblings inherit in a state-specified order. 'Heir' is a legal term distinct from 'beneficiary' (a person named in a will or on a designation form).
A document allowing healthcare providers to share your medical information with named people.
Without a HIPAA authorization, your family may not be able to get medical updates from your doctors during a crisis. Often signed alongside the healthcare power of attorney. Keep copies with the medical POA.
A handwritten will, sometimes valid, sometimes not.
Some states recognize holographic wills if they are entirely in the testator's handwriting and signed. Many states do not, or have strict requirements. Do not rely on a holographic will if you can avoid it. Get a properly witnessed will.
Tax paid by the beneficiary on what they inherit.
Different from the estate tax (paid by the estate before distribution). Six states have an inheritance tax: Iowa, Kentucky, Maryland, Nebraska, New Jersey, and Pennsylvania. Rates and exemptions vary widely.
Dying without a valid will.
When someone dies intestate, state intestacy law determines who inherits and in what proportion. The court appoints an administrator. The estate goes through probate. The result is rarely what the deceased would have wanted, which is why every adult should have a will.
A trust created during the grantor's lifetime.
Latin for 'between the living'. Distinct from a testamentary trust (created in a will and effective only at death). Most living trusts (revocable or irrevocable) are inter vivos.
A form of co-ownership where the surviving owner automatically inherits.
When one joint tenant dies, the property transfers to the surviving tenant outside probate. Common for married couples on a home. Be careful: putting an adult child on a deed as a joint tenant can have gift-tax and creditor consequences.
Court document authorizing the executor to act.
Issued by the probate court after the will is filed. Banks and other institutions require letters testamentary before they will work with the executor. Letters of Administration is the equivalent for an administrator (when there is no will).
A trust created and funded during the grantor's lifetime.
Most living trusts are revocable, which means the grantor can change them or undo them. The grantor is usually also the initial trustee and beneficiary. At the grantor's death, the trust becomes irrevocable and the named successor trustee distributes assets.
A document setting out your specific medical-treatment preferences.
Distinct from a healthcare power of attorney (which names a person). A living will spells out specific decisions like life support, feeding tubes, resuscitation. Often combined with the HCPOA into a single advance directive form.
A facilitated process to resolve estate disputes outside of court.
When heirs disagree, mediation is dramatically cheaper and faster than litigation. A neutral mediator helps the family negotiate. Most contested probate cases that go to mediation settle. Always try mediation before suing a sibling.
A will or trust provision that disinherits anyone who challenges it.
Designed to discourage will contests. Effectiveness varies by state. Some states enforce them strictly; others apply a 'probable cause' exception that lets challengers sue if they had a reasonable basis.
Official authentication of a signature by a notary public.
Many estate documents (powers of attorney, advance directives, deeds) require notarization to be valid. Wills typically require witnesses rather than notarization, except for self-proving will affidavits.
Latin for 'by the branch'. Inheritance method where each branch of the family gets an equal share.
If a child predeceases the parent, that child's share goes to that child's descendants (the grandchildren). Distinct from per capita, where the surviving heirs split equally regardless of generation. 'Per stirpes' is the most common default in wills.
Inheritance method where each surviving heir gets an equal share regardless of generation.
If you have three children and one dies leaving two grandchildren, per capita treats those grandchildren as one head each, so the estate splits five ways (two surviving children plus two grandchildren plus one share for the deceased child's estate). Less common than per stirpes.
Modern term for executor or administrator.
Many states have replaced 'executor' and 'administrator' with the unified term 'personal representative' to cover both situations (with a will and without). Functionally identical to executor.
A bank account designation that names a beneficiary to receive funds at death.
POD designations let bank accounts pass directly to a named beneficiary outside of probate. Set them up at your bank with no fee. Update after life changes.
Authorization for someone to act on your behalf.
Comes in many varieties. General (broad authority) or limited (specific tasks only). Springing (effective only on incapacity) or non-springing. Durable (survives incapacity) or non-durable. Always combine with a healthcare power of attorney as a separate document.
A will that pours unfunded assets into a trust at death.
Used as a backstop when you have a living trust. If you die owning anything outside the trust, the pour-over will directs it into the trust. The pour-over assets still go through probate first, but at least they end up in the trust.
A child unintentionally left out of a parent's will.
Most states have pretermitted heir statutes that protect children who were born or adopted after the will was signed. Without these laws, an oversight could disinherit a child. The protection generally does not apply if the omission was intentional.
The court-supervised process of validating a will and distributing an estate.
Probate validates the will, appoints the executor, oversees creditor claims, and supervises distribution. Time varies wildly: small estates in 3 to 6 months, complex or contested estates in 1 to 3 years or more. Probate is public, expensive, and avoidable through trusts and beneficiary designations.
Whatever is left in the estate after specific bequests, debts, and expenses are paid.
The residuary clause in a will directs how to distribute everything not specifically named. 'I leave the residue of my estate to my spouse' is the most common pattern. Without a residuary clause, leftover assets pass under intestacy law.
A trust that the grantor can change or undo during their lifetime.
Also called a revocable living trust. The grantor can amend, restate, or revoke at any time. At death, the trust becomes irrevocable. Revocable trusts avoid probate but offer no creditor or estate-tax protection.
A notarized statement that helps a will get admitted to probate without witness testimony.
Witnesses normally have to appear in court (or by affidavit) to confirm they saw the will signed. A self-proving affidavit, signed and notarized at the time of execution, lets the will skip that step. Almost every well-drafted will includes one.
Another name for the person who creates a trust.
Same as grantor or trustor. Different jurisdictions and document templates use different terms. Functionally identical.
A trust provision protecting the beneficiary from their own creditors.
Prevents the beneficiary from assigning or selling their interest, and protects trust assets from most creditor claims against the beneficiary. Standard in trusts for adult children with shaky finances or substance abuse history.
Tax rule resetting the cost basis of inherited assets to fair market value at death.
If your parent bought a home for $50k and it is worth $500k at death, your tax basis as the heir is $500k, not $50k. If you sell soon after for $510k, you owe capital gains tax on $10k, not $460k. One of the most powerful tax features of inheritance.
The person who takes over a trust when the original trustee can no longer serve.
Most living trusts name the grantor as initial trustee and a successor (often a child or trusted advisor) to take over at the grantor's incapacity or death. The successor trustee distributes assets per the trust terms.
A form of joint ownership available only to married couples.
Available in about half of US states. Like joint tenancy with right of survivorship, but adds creditor protection: a creditor of one spouse generally cannot reach property held this way. The surviving spouse inherits automatically outside probate.
A form of co-ownership where each owner has a separate, transferable share.
Distinct from joint tenancy: there is no right of survivorship. Each tenant in common can sell, gift, or will their share. When a tenant in common dies, their share passes through their estate. Common in real estate held by unrelated co-owners.
The mental ability required to make a valid will.
The testator must understand the nature of making a will, the extent of their property, and who their natural heirs are. Lack of testamentary capacity is a common ground for will contests, especially when the testator was elderly or ill at signing.
A trust created by a will and funded only at the testator's death.
Distinct from an inter vivos (living) trust. A testamentary trust does not avoid probate (the will still goes through probate, then funds the trust). Common for trusts benefiting minor children: 'I leave my assets to my children, in trust until they reach age 25'.
The person who makes a will.
Testator is the person making the will (used for any gender in modern usage; testatrix was the historical female form). The testator must have testamentary capacity and execute the will according to state formality requirements.
A registration that names a beneficiary to receive an asset at death, bypassing probate.
Available for brokerage accounts, investment accounts, and (in some states) vehicles and real estate. The asset transfers automatically to the named beneficiary outside probate. Simple, free, and powerful. Use TODs aggressively.
A legal arrangement in which one party holds property for the benefit of another.
A trust has three roles: grantor (creates and funds it), trustee (manages it), and beneficiary (receives the benefit). The same person can fill all three roles for a revocable living trust. Trusts can avoid probate, manage assets for minors, protect from creditors, and reduce estate taxes.
The person or institution that manages a trust.
Has fiduciary duties to the beneficiaries. Initial trustee is often the grantor; successor trustee takes over at incapacity or death. Can be an individual (family member, friend, attorney) or institution (bank trust department, dedicated corporate trustee).
Another term for the grantor of a trust.
Same role as grantor or settlor. Common in California and other Western states. Functionally identical: the person who creates and funds the trust.
The legal document that directs the disposition of your estate at death.
A will names an executor, distributes assets, names guardians for minor children, and expresses other wishes. Must be signed and witnessed under state law to be valid. Goes through probate. Every adult should have one, even if they also have a trust.
A formal legal challenge to the validity of a will.
Common grounds: lack of testamentary capacity, undue influence, fraud, improper execution. Most contests fail. The threat of a contest, however, is leverage that can drive settlement. No-contest clauses are designed to deter contests.
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Plan Your Passing is not a law firm. The information on this site is for general educational purposes only and does not constitute legal, financial, tax, medical, or professional advice. No attorney-client relationship is created by reading this site or using any tool on it. Estate, probate, tax, and inheritance laws differ by country, state, province, county, and individual circumstance, and they change over time. You are solely responsible for confirming the laws that apply to you. Always consult a licensed attorney in your jurisdiction before making any legal, financial, or tax decision regarding wills, trusts, beneficiaries, probate, real estate transfers, gifts, or end-of-life directives. The author, operators, and affiliates of this site disclaim all liability for actions taken or not taken based on its contents.