Terms A to Z
- Administrator
- The person the court appoints to handle an estate when there's no will. They receive Letters of Administration. Probate without a will →
- Affidavit of death of joint tenant
- A sworn statement recorded with the County Recorder to show that a joint tenant has died and the surviving joint tenant now owns the property. Small estates →
- Affidavit of death of trustee
- A document recorded with the County Recorder to show that a trustee has died and the successor trustee now has authority over trust property. Successor trustee guide →
- Beneficiary
- A person who receives property under a will, trust or transfer-on-death deed.
- Bond
- A kind of insurance that protects the estate if the executor or administrator mishandles money. An administrator may be required to post one unless all heirs waive it. Probate without a will →
- Change in Ownership Statement (BOE-502-D)
- The form that tells the County Assessor a property owner has died. It's due within 150 days of the death. Prop 19 →
- Community property
- In California, property acquired during a marriage or registered domestic partnership is generally owned equally by both partners. It can affect who inherits and the tax basis. Taxes when you sell →
- Court confirmation
- A probate sale approved at a court hearing. The offer must be at least 90% of the appraised value, and other buyers can overbid. Selling an inherited house →
- Creditor claim
- A formal request by someone the person owed money to, asking to be paid from the estate. Creditors generally have four months from the issuance of Letters to file. Probate with a will →
- Date-of-death value
- What the property was worth on the day the owner died. It sets the stepped-up tax basis and is usually documented with an appraisal. Taxes when you sell →
- Decedent
- The legal word for the person who died.
- Executor
- The person named in a will to handle the estate. Once the court appoints them, they receive Letters Testamentary. Probate with a will →
- Fiduciary
- Someone legally required to act in another's best interest — such as an executor, administrator or trustee. They must keep money separate, keep records and not favor themselves.
- Heir
- A person entitled by law to inherit when there's no will, usually close family members.
- IAEA (full and limited authority)
- The Independent Administration of Estates Act. With full authority, an executor or administrator can sell real estate by giving heirs a Notice of Proposed Action instead of going to a court hearing. With limited authority, a sale needs court confirmation. Probate with a will →
- Intestate
- Dying without a valid will. California's intestate succession law then decides who inherits. Probate without a will →
- Inventory and appraisal
- The probate filing that lists the estate's assets and their values. Real estate is valued by a court-appointed probate referee.
- Joint tenancy
- A way of holding title where co-owners have a right of survivorship: when one dies, the survivor automatically owns the property without probate.
- Letters (Testamentary / of Administration)
- The court document proving an executor (Letters Testamentary) or administrator (Letters of Administration) has authority to act for the estate.
- Notice of Proposed Action
- A notice an executor or administrator with IAEA authority gives heirs before a major step, such as selling the house. Heirs have 15 days to object. Selling an inherited house →
- Overbid
- A higher offer made at a court confirmation hearing. The first overbid must be at least 10% more on the first $10,000 of the original offer plus 5% more on the amount above $10,000. Selling an inherited house →
- Partition
- A court action a co-owner can bring to force the sale or division of property when co-owners can't agree. A slow, costly last resort. Keep, rent or sell? →
- Personal representative
- The general term for whoever the court appoints to manage an estate — an executor or an administrator.
- Petition to Determine Succession to Real Property
- A simpler court process (Probate Code sections 13150–13154) that lets a primary residence worth up to $750,000 pass without full probate, for deaths on or after April 1, 2025. Small estates →
- Probate
- The court process that transfers property when a person dies owning assets in their own name above the small-estate limits. It typically takes 9 to 18 months. Probate with a will →
- Probate referee
- A person appointed by the court to value real estate and certain other assets in a probate estate.
- Prop 19
- Proposition 19, effective February 16, 2021. It limits when a child can keep a parent's lower property tax assessment on an inherited home. Prop 19 guide →
- Reassessment
- When the County Assessor resets a property's assessed value to current market value, usually after a change in ownership.
- Small estate affidavit
- A sworn statement used to collect personal property up to $208,850 (deaths on or after April 1, 2025) after 40 days, without probate. Small estates →
- Spousal property petition
- A court petition that lets a surviving spouse or registered domestic partner confirm or receive property without full probate. Small estates →
- Stepped-up basis
- A federal tax rule: an heir's tax cost for inherited property is generally its fair market value on the date of death, not what the parent paid. Taxes when you sell →
- Successor trustee
- The person named in a trust to take over managing it when the original trustee dies or can't serve. Successor trustee guide →
- Transfer-on-death deed
- A recorded deed that names who receives the property when the owner dies, so it passes outside probate. Small estates →
- Trust (living / revocable / irrevocable)
- A legal arrangement that holds property for beneficiaries. A living (revocable) trust can be changed while the person is alive; it usually becomes irrevocable — unchangeable — at death. Property in a trust usually avoids probate. Successor trustee guide →
- Will
- A written document saying who should receive a person's property and who should handle the estate (the executor). Property passing under a will usually goes through probate. Probate with a will →