Probate Terminology
Probate Terminology
Ancillary probate: Ancillary and domiciliary probate are two inter-twined terms. Ancilliary takes place in any state where the decedent owned real estate. Domiciliary Probate occurs in the State the deceased person lived.
Domiciliary Probate
Domiciliary Probate occurs in the State the deceased person lived. For simplification, if a person dies in another state and has no property there but has a property in CA, you can file probate directly in California without opening the domiciliary probate. This is a legal issue, must be addressed by a probate attorney. BTW, all attorneys are not “probate” attorneys. Just like a podiatrist cannot be a dentist.
Codicil
A supplement or an addendum to a will such as a document or a rider that modifies or supersedes an existing provision of the will or creates a new provision.
Conservator
Someone appointed to manage the affairs of someone incompetent or unable to make decisions for themself.
Heir
Someone who inherits property when someone dies. An heir has not named a beneficiary in the will but is a family member of the deceased by marriage or blood. It may include a spouse, child, parent, or, in some cases, more extended family.
Intestate
Someone who dies without a legal will in places dies intestate. In this case, the distribution of the estate’s assets is the responsibility of the probate court and is completed according to state law.
Joint Tenancy With Rights of Survivorship
A type of joint property ownership that grants co-owners the right to a share of the home upon the death of a joint tenant. The interest of the deceased co-owner is automatically transferred to surviving co-owners. With regular joint tenancy ownership without the right of survivorship, tenants in common have no right of survivorship unless the deceased co-owner states explicitly that their interest in the property should be divided among surviving co-owners in a will.
Personal Representative (Executor or Executrix)
A personal representative, also known as an executor or executrix: Is designated by a will to administer an estate and distribute the estate’s assets to beneficiaries.
Probate Court
The state court under the judicial system handles matters related to conservatorships, wills, and estates.
Tenancy in Common
A type of shared tenancy in which each tenant or owner has a separate interest in the property that can transfer.
Testate
Someone who has died and left a valid will
Probate
A court process in which a will is proved valid and a decedent’s estate is settled.
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