Probate Terms,
Decoded
Every word on your court forms, in plain English. 26 terms, no legalese.
Call or text (949) 371-5116Your attorney's emails and the Judicial Council forms use these constantly, usually without explaining them. Type in the box to find a term fast.
The People
Decedent
The person who died.
Personal Representative (PR)
The umbrella term for whoever the court appoints to administer the estate — it covers both executors and administrators. If that's you, you're a fiduciary: legally required to act in the estate's best interest, keep estate money separate from your own, and account for every dollar.
Executor
A personal representative who was named in the decedent's will.
Administrator
A personal representative appointed by the court when there's no will, or when the named executor can't or won't serve.
Heir
Someone entitled to inherit under state law when there's no will.
Beneficiary / Devisee
Someone named in a will or trust to receive something.
Probate Referee
A court-appointed appraiser who values the estate's non-cash assets, including real property, as of the date of death. Their fee is set by statute as a percentage of appraised value. Not the same as a listing agent's market analysis — the two numbers often differ.
Trustee
The person administering a trust. A trust generally avoids probate entirely, so a successor trustee is on a different — and usually much faster — track than a PR.
The Documents
Petition for Probate DE-111
The document that opens the case and asks the court to appoint you.
Letters Testamentary / Letters of Administration DE-150
Your badge. The one-page court order proving you have authority to act for the estate. Title companies, banks, and escrow all ask for a certified copy — order several.
Notice of Petition to Administer Estate DE-121
Formal notice to heirs and beneficiaries that the case has been filed. Also must be published in a newspaper of general circulation.
Inventory & Appraisal DE-160/161
The official list of everything the estate owns and what it was worth on the date of death. Due within four months of Letters. These values drive the statutory fees — getting them right matters.
Notice of Proposed Action DE-165
Under full IAEA authority, how you notify heirs before a significant action like selling the house. Heirs get at least 15 days to object in writing.
Creditor's Claim DE-172
How a creditor formally demands payment. The window is generally four months from the date Letters are issued, or 60 days after notice is given to that creditor, whichever is later.
Petition for Final Distribution
The closing document. Accounts for everything you did, asks the court to authorize distribution to the heirs, and discharges you.
Form DE-300
The Judicial Council form publishing the current inflation-adjusted small estate dollar thresholds. Handy when someone quotes you an outdated number.
The Process
IAEA Independent Administration of Estates Act
The California law letting a PR handle most estate business without a court hearing for every step. Granted as either full or limited authority. Check which one your Letters say — it changes everything about how a property sale works.
Court Confirmation
A hearing where a judge approves a property sale. Required under limited authority, and sometimes under full authority if an heir objects.
Overbid
Open bidding at a court confirmation hearing. The statutory minimum first overbid is 10% of the first $10,000 of the accepted offer, plus 5% of the balance above that. On a $700,000 offer, that's $735,500.
Bond
An insurance policy protecting the estate against mismanagement by the PR. Many wills waive it; the court can still require it, especially with no will or an out-of-state PR.
Small Estate Affidavit Prob. Code §13100
A simplified, no-court procedure for collecting personal property under the statutory limit, available 40 days after death.
Spousal Property Petition DE-221
A streamlined path for transferring property to a surviving spouse without full probate.
Ancillary Probate
A second probate proceeding in another state, needed when the decedent owned real property outside California.
Intestate
Dying without a valid will. California's intestate succession rules then decide who inherits.
Step-Up in Basis
For tax purposes, inherited property is generally valued as of the date of death rather than what the decedent paid — which can significantly reduce capital gains tax on a sale. Ask your CPA how it applies, and make sure the date-of-death value on the Inventory & Appraisal is right.
Fiduciary Duty
The legal standard you're held to as PR. You act for the estate as a whole — not for yourself, and not for the loudest heir. Document the reasoning behind every decision you make.
No terms match that search. Try a shorter word — or just call me at (949) 371-5116 and ask.
Probate FAQ
How long it takes, what it costs, when you can skip it, and how to sell the house — 13 questions answered.
Read the FAQ →Confused by a term that isn't here?
Send it to me. I'd rather spend five minutes explaining something than have you sign a form you don't understand. No cost, no obligation, no sales pitch.
Goli McDowell · REALTOR®, Certified Probate Expert · DRE# 02210125 · eXp Realty of California, Inc.
I am a real estate professional, not a probate attorney, tax accountant, or financial advisor. For specific legal or tax advice, please consult with a qualified professional.
Definitions, form numbers, and dollar thresholds reflect California law and Orange County practice as of 2026 and are subject to change. Probate Code thresholds adjust periodically for inflation. Source: Superior Court of California, County of Orange, and the California Probate Code.