California Inherited Property

Inherited Property Glossary: Probate and Trust Terms in Plain English

Probate and trust paperwork is full of unfamiliar words. This glossary explains each one in a sentence or two, in plain English, and links to the guide where it matters most. Terms are in alphabetical order.

Last updated: October 4, 2026

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 →

Frequently asked questions

What's the difference between an executor and an administrator?

An executor is named in a will. An administrator is appointed by the court when there's no will. Both are personal representatives and do the same basic job.

What's the difference between an heir and a beneficiary?

An heir inherits by law when there's no will. A beneficiary is named in a will, trust or transfer-on-death deed.

What are Letters?

Letters are the court document proving an executor (Letters Testamentary) or administrator (Letters of Administration) has authority to act — including selling the house.

What does intestate mean?

Dying without a valid will. California's intestate succession law then decides who inherits.

Related guides

Talk with Will

A calm, no-pressure conversation about the house and your options. Will helps families in Southern California and can refer you to a trust and probate real estate agent elsewhere in the state. English and Mandarin.

This guide is general information, not legal or tax advice. Talk with a California probate or trust attorney and a tax professional about your situation.