Probate Law Terms and Definitions

Heir
Those persons, including a spouse who are entitled to the property of a decedent when the decedent has left no valid will.

Conservator
A person or entity who is appointed by the court to exercise certain powers for the care of an incapacitated person, the person's estate, or both.

Attorney-in-fact
This person receives the powers allocated in a power of attorney, such as a right to handle another person's financial matters.

Codicil
An amendment to a will. It is a separate document.

Estate
All of the property owned by a person, including real estate and personal property.

Decedent
A person who is deceased.

Guardian
A person or entity who is appointed by the court to exercise many powers for the care of an incapacitated person, the person's estate, or both.

Revocation
In terms of wills, the process or act of canceling or destroying an existing will.

Beneficiary
A person designated to receive the income or principal of a trust estate.

Probate
The process of settling your estate after you die, including paying creditors and heirs, and validating a will (if there is one).