The Language of Probate

Attorneys are often stereotyped as using a lot of legal jargon. For the most part this is true, but the law does require specific forms of language. In the area of probate law, the use of legal terms is especially prevalent. In order to clear up some of the difficult language, here are a few common terms used in probate and their definition in plain English:

Will
A will is a formal document expressing a person's desires for the distribution of his or her property upon death. Every state in the U.S. has statutes defining what is and what is not a legal will.

Testate
When a person dies having a valid will, they are said to die testate. A person making a will is often called a testator or testatrix (female).

Intestate
If a person does not have a valid will upon death, they are said to have died intestate.

Personal Representative
Formerly called the Executor of a will, most jurisdictions now call this person a personal representative of the estate.

Estate
All of the property, both real property and personal property, owned by a person.

Beneficiary
A person who receives property under a will, an insurance policy, a trust or other type of distribution from an estate.

Bequest
A gift given in a will of personal property.

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