Glossary of Common Texas Estate & Probate Terms

A – B – C – D – E – F – G – H – I – L – N – P – S – T – W

A

Administrator
A person appointed by the probate court to manage and settle the estate of a person who died without a valid will (intestate).

Affidavit of Heirship
A sworn statement used to identify heirs when the decedent died without a will and no formal probate is opened.

Affidavit for Collection of Personal Property
A sworn statement used by certain heirs or beneficiaries to collect personal property without formal probate if the estate is small.

Ancillary Probate
A secondary probate proceeding in a state where the decedent owned property but did not reside.

Appeal
A request to a higher court to review and change the decision of a lower court in probate matters.

Assets
All property, real or personal, owned by the decedent at the time of death.

B

Beneficiary
A person or entity entitled to receive assets from a will, trust, or other estate planning instrument.

Bond
A court-required insurance policy to protect the estate from mismanagement by the personal representative or executor.

C

Certificate of Death
An official document certifying the fact of death, required for many probate procedures.

Claim
A demand made by a creditor to be paid from the decedent’s estate.

Codicil
A legal document that amends or supplements an existing will.

Community Property
In Texas, which is a community property state, any property acquired during a marriage (except by gift or inheritance) is generally owned equally by both spouses.

Court Costs
Fees charged by the court to process probate.

Creditor
A person or business to whom the decedent owed money at the time of death.

D

Decedent
The person who has passed away.

Deed
A legal document transferring ownership of real estate property.

Devise
Real estate or property left to a beneficiary through a will.

Disinherited Heir
An individual who would normally inherit under Texas law or a previous will, but is specifically excluded from receiving any assets in the final will or estate plan.

Distribution
The process of transferring estate assets to beneficiaries.

Durable Power of Attorney
A legal document authorizing someone to act on behalf of another in financial or legal matters; generally ends upon death.

E

Estate
All property, rights, and obligations owned by the decedent at death.

Estate Taxes
Taxes imposed on the transfer of the estate’s assets to heirs or beneficiaries.

Executor
The person named in the will to manage and distribute the estate.

F

Formal Probate
A probate process that requires court supervision, hearings, and notice to interested parties.

G

Grantee
The person who receives property or legal rights from another. In estate planning, this can refer to someone receiving a deed, title, or interest in a trust or real estate.

Grantor
The person who transfers property or legal rights to another. In estate law, this often refers to someone who creates a trust or conveys property by deed.

Guardianship
A legal relationship where a court appoints someone to care for a minor or incapacitated adult.

H

Heir
A person entitled by law to inherit when there is no will.

Heirs at Law
Individuals who are legally entitled to inherit from a deceased person who died without a valid will, according to Texas intestacy laws (usually a spouse, children, parents, or siblings).

I

Independent Administration
A type of probate administration in Texas that allows the personal representative to manage the estate with minimal court supervision.

Intestate
Dying without a valid will.

Inventory and Appraisement
A list of estate assets and their estimated value submitted to the court.

L

Letters of Administration
A legal document issued by the court authorizing an administrator to act on behalf of an intestate estate.

Letters Testamentary
A legal document issued by the court giving the executor authority to act for the estate.

Living Trust
A legal entity created to hold property during a person’s lifetime and distribute it after death, often avoiding probate.

N

No Contest Clause
A provision in a will meant to discourage beneficiaries from challenging the will in court. If a beneficiary contests and loses, they may forfeit their inheritance.

Non-Probate Assets
Assets that pass outside of probate, such as life insurance policies, retirement accounts, and jointly owned property.

Notice to Creditors
A public notice required in probate to alert creditors to file claims against the estate.

P

Per Capita Distribution
A distribution method where each living beneficiary in a generation receives an equal share of the estate, regardless of whether other family members are deceased.

Per Stirpes Distribution
A method of distributing an estate where a deceased beneficiary’s share is passed down to their descendants (children, grandchildren), rather than divided among remaining heirs.

Petition for Probate
A formal request to the court to begin probate proceedings.

Personal Property
Movable property that is not real estate, such as cars, jewelry, furniture, bank accounts, and other belongings owned by the decedent.

Personal Representative
A general term for the executor or administrator who manages the estate.

Pour-Over Will
A type of will used alongside a trust, which directs that any assets not already in the trust at the time of death should be transferred (“poured over”) into the trust.

Probate
The legal process of proving a will, settling debts, and distributing the deceased person’s estate.

S

Small Estate Affidavit
A simplified process allowing heirs to claim property without formal probate if the estate’s value is below a certain limit.

Spouse’s Elective Share
The portion of an estate a surviving spouse may claim regardless of the will.

Succession
The legal process of transferring property upon death, including probate.

T

Testate
Dying with a valid will.

Trustee
A person or entity responsible for managing a trust.

W

Will
A legal document that specifies how a person’s assets should be distributed after death.