Probate Glossary

A reduction in a bequest when the estate does not have enough assets to satisfy every gift in the will. The abatement rules decide which gifts shrink first, so some beneficiaries may receive less than the will appeared to promise.

The person the court appoints to manage an estate when someone dies without a valid will. An Administrator performs the same duties as an Executor but is court-appointed rather than named in the will.

A secondary probate proceeding required when the deceased owned real estate in a state other than the one where they lived. For a family, it often means a second court file for out-of-state property.

A professional estimate of the value of estate property. An appraisal is typically required for the court inventory and helps establish the date-of-death value for tax purposes.

A person or organization legally entitled to receive assets from a will, trust, or beneficiary designation. Beneficiaries may be family, friends, charities, or other entities.

A gift of personal property made in a will. A bequest of real estate is often called a devise.

A type of insurance the court may require the executor or personal representative to carry, protecting the estate if the representative mishandles assets. The premium is paid by the estate, and wills often waive the requirement.

A gift in a will that takes effect only if a stated condition is met, for example inheriting a house only if the beneficiary agrees to live in it. If the condition fails, the gift may pass to someone else.

A court hearing in which a sale of estate real property is approved and the highest and best offer is presented for the record. Not every state requires it, but where it applies, it protects the sale from later challenge.

A formal demand for payment from a person or business the deceased owed money to. Creditors must file within the state’s claim window, and valid claims are paid before heirs receive anything.

The legal term for the person who has died. The decedent’s estate is everything they owned at death, managed through probate.

A gift of real estate made through a will. The person who receives the real estate is a devisee.

Everything a person owned at death, including the home, bank accounts, investments, vehicles, and debts. The estate is the legal entity through which probate is administered.

The person named in a will to carry out the deceased’s instructions. In Connecticut the Executor files the will, manages and inventories assets, pays debts and taxes, and distributes property under the Probate Court’s supervision. The equivalent role elsewhere is the Personal Representative.

A person legally obligated to act in the best interest of another party. An Executor, Administrator, or Personal Representative is a fiduciary who must put the estate and its beneficiaries ahead of their own interests.

In Massachusetts, a court-supervised track requiring a hearing before appointment. It is used for contested, complex, or creditor-requested estates and involves more court oversight and a longer timeline than informal administration.

A person legally entitled to inherit when there is no valid will, as determined by state intestacy law, usually starting with a surviving spouse and children.

In Massachusetts, the more common, streamlined track where the court issues appointment papers without a hearing when no one objects. Faster and less expensive than formal administration.

Dying without a valid will. When someone dies intestate, state law decides who inherits their property.

The complete list of estate assets, with values, filed with the court. It is the backbone of the probate record and usually due within a few months of appointment.

Court documents authorizing an Administrator (or a Personal Representative appointed without a will) to act for the estate. They grant the same powers that Letters Testamentary grant a named Executor.

Court documents that officially authorize the Executor named in a will to act on behalf of the estate, including accessing accounts and selling property. This is the document that unlocks the real estate side of an estate.

The probate court in Maryland that handles estate administration. Each county has an Orphans’ Court of three judges who oversee the Personal Representative’s work.

The modern name, used in Maryland, Massachusetts, and Washington DC, for the person appointed to administer an estate. It is the same role Connecticut calls the Executor (or Administrator).

A request filed with the probate court asking for authority to sell estate real estate. It is common in Maryland and can be required whenever the estate needs to raise cash from the property.

The court-supervised process of settling a deceased person’s estate: validating the will, appointing a representative, inventorying assets, paying debts and taxes, and distributing what remains.

The court that oversees estate administration. The name varies by state: Probate Court in Connecticut, Orphans’ Court in Maryland, Probate and Family Court in Massachusetts, and DC Superior Court Probate Division in Washington DC.

The unified court in Massachusetts that handles probate, estates, and related family matters.

An elected official in Maryland who receives probate filings, issues Letters of Administration, and supports the Orphans’ Court. Many families first encounter probate through the Register’s office.

What remains of the estate after specific gifts, debts, taxes, and expenses are handled. The residuary clause of a will directs where that remainder goes.

An estate with limited assets that qualifies for simplified probate. Thresholds differ: Connecticut uses $40,000 and Maryland uses $50,000 (or $100,000 for a surviving spouse). Real property usually still requires fuller administration even under these limits.

In DC, a probate track with ongoing court oversight. Used for complex or contested estates; it protects the record but runs longer than unsupervised administration.

The rule that treats inherited property as valued at its date-of-death amount, which can reduce the capital gains tax if the estate later sells the home above that figure.

Dying with a valid will in place. Testate estates follow the will’s instructions for who inherits and who serves as Executor.

Legal ownership of real property. In an estate sale, clearing title, confirming who holds it, and handling any liens are key steps before a deed transfers.

In DC, the common probate track where the Personal Representative manages the estate without ongoing court oversight, filing the required notices and the final accounting. Faster and less expensive than supervised administration.

A legal document stating how a person wants their property distributed after death, naming an Executor, and sometimes including funeral wishes or guardianship instructions. Wills must be filed with the probate court after death.