Probate Glossary
Key terms explained in plain language. If you are navigating probate for the first time, this glossary helps you understand the language of estate administration across Connecticut, Maryland, Massachusetts, and Washington DC.
Administrator
The person appointed by the probate court to manage and distribute an estate when someone dies without a will (intestate). The Administrator performs the same duties as an Executor but is court-appointed rather than named in a will. Also called a Personal Representative in some states.
Appraisal
A professional estimate of the value of estate property, including real estate, personal belongings, and investments. An appraisal is typically required by the probate court to ensure assets are properly valued for inventory purposes and tax calculations.
Beneficiary
A person or organization legally entitled to receive assets from a will, trust, or insurance policy. Beneficiaries may include family members, friends, charities, or other entities named by the deceased.
Bond
A type of insurance policy that the probate court may require an Executor or Administrator to purchase. The bond protects the estate and its beneficiaries in case the Executor mishandles estate assets. The bond premium is paid for by the estate.
Census Notice
A formal publication required by the probate court announcing that someone has died and their estate is being administered. The notice is published in a local newspaper to alert potential creditors and unknown heirs that they have a limited time to make claims against the estate.
Creditor's Claim
A formal demand for payment from a person or company owed money by the deceased. Creditors must file their claims with the probate court within a specific timeframe (often four to six months). The Executor or Administrator reviews these claims and pays valid ones from estate assets before distributing the remaining property to beneficiaries.
Decedent
The legal term for a person who has died. The decedent's estate includes all property, assets, and debts they owned at the time of death, which are managed through the probate process.
Estate
Everything a person owned at the time of their death, including real estate, bank accounts, investments, personal property, vehicles, and debts. The estate is the legal entity through which probate is administered, assets are distributed, and debts are paid.
Executor
The person named in a will to carry out the instructions of the deceased. The Executor's responsibilities include filing the will with the probate court, identifying and managing estate assets, paying debts and taxes, and distributing property to beneficiaries. This role carries a legal fiduciary duty to act in the best interest of the estate.
Fiduciary
A person or institution legally obligated to act in the best interest of another party. An Executor, Administrator, or Personal Representative is a fiduciary who must put the interests of the estate and its beneficiaries ahead of their own. Breaching this duty can result in personal liability.
Heir
A person legally entitled to inherit property from a deceased person's estate, especially when there is no will. Heirs are determined by state intestacy laws, typically including a surviving spouse, children, parents, or other close relatives.
Intestate
The legal term for dying without a valid will. When a person dies intestate, state law determines who inherits their property. These laws vary by state and generally give priority to a surviving spouse and children, then extended family.
Inventory
A complete list of all assets in the estate, including real estate, bank accounts, investments, vehicles, personal property, and other valuables. The inventory, along with an appraised value for each item, is typically filed with the probate court within a few months of the Executor's appointment.
Letters Testamentary / Letters of Administration
Legal documents issued by the probate court that officially authorize an Executor (Letters Testamentary) or Administrator (Letters of Administration) to act on behalf of the estate. These documents are required to access bank accounts, sell property, and conduct other estate business.
Orphans' Court
The probate court in Maryland that handles estate administration, guardianships, and certain other matters. Maryland has an Orphans' Court in each county, with jurisdiction over the probate of wills and administration of estates. The court consists of three judges who may or may not be attorneys.
Personal Representative
The modern term used in many states (including Maryland, Massachusetts, and Washington DC) for the person appointed to manage an estate through probate. This role is equivalent to an Executor (when named in a will) or Administrator (when appointed by the court without a will).
Probate
The court-supervised legal process of administering a deceased person's estate. Probate involves validating the will (if one exists), appointing a representative, inventorying assets, paying debts and taxes, and distributing remaining property to beneficiaries. The process ensures that the deceased's wishes are carried out and that creditors are paid fairly.
Probate Court
The specialized court that oversees the probate process. 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. Each court has its own rules, procedures, and filing requirements.
Small Estate
An estate with limited assets that qualifies for simplified probate procedures. The threshold varies by state: Connecticut considers estates under $40,000 as small estates, while Maryland uses $50,000. Small estate procedures typically require fewer court filings and less time to complete.
Testate
The legal term for dying with a valid will in place. When a person dies testate, their will directs how their property should be distributed and who should serve as Executor. Testate estates generally proceed through probate more smoothly than intestate estates.
Will
A legal document that states how a person wants their property distributed after death. A will names beneficiaries, appoints an Executor to manage the estate, and may include other instructions such as funeral wishes or guardianship of minor children. Wills must meet state-specific requirements to be valid and must be filed with the probate court after death.
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