Estate Planning and Probate Terms

This section explains the legal vocabulary readers encounter when planning for incapacity or death, transferring property, and administering estates through probate or trust structures.

Current cornerstone topics include Will, Trust, Power of Attorney, Executor, Beneficiary, Probate, Intestate, and Living Will.

For adjacent property and fiduciary concepts, start with Deed, Title, Fiduciary Duty, and Guardianship.

In this section

• Beneficiary in Estate and Trust Law
  A beneficiary is a person or entity entitled to receive property, money, or another benefit under a legal arrangement.
• Executor of a Will and Estate
  An executor is the person named to administer an estate under a will, subject to court oversight where required.
• Intestate Succession Without a Valid Will
  Intestate means a person died without a valid will controlling the distribution of the estate.
• Living Will and Advance Health-Care Wishes
  A living will is a document stating a person's wishes about certain medical treatment decisions if the person cannot communicate them later.
• Power of Attorney in Estate Planning
  A power of attorney is a legal document authorizing one person to act on another person's behalf in specified matters.
• Probate in Estate Administration
  Probate is the legal process for administering a deceased person's estate under court supervision when required.
• Trust in Estate Planning and Probate
  A trust is a legal arrangement in which one party holds or manages property for the benefit of another under stated terms.
• Will in Estate Planning
  A will is a legal document that states how a person wants property and certain responsibilities handled after death.