California Probate Center

We Can Probate Any Estate in California - The Law Offices of Roy Newman

California Probate FAQ - Definitions

What does an administrator of an estate do?

A California probate administrator is the person (usually the spouse, domestic partner or close relative) that the court appoints to manage the estate of a person who dies without a Will. The administrator is also called the personal representative of the estate.

Who is a beneficiary under a will or trust?

A beneficiary is a person who inherits under a will or trust.

What/Who is a decedent?

A decedent is the person who passed away, triggering probate.

What is the decedent’s estate?

The decedent’s estate is all real and personal property that a person owned at the time of death – but not all of this property may be subject to probate.

What/Who is an executor in California?

An executor is a person named in a will and appointed by the court to carry out the dead person’s wishes. The executor in California is known as the personal representative of the decedent’s estate.

What/Who is an heir?

An heir is a person who inherits from the decedent when there is no will to probate.

What is a holographic will?

A holographic will is a will that is handwritten, dated and signed by the person writing the will. These wills may lead to expensive litigation and will contests where beneficiaries dispute their authenticity.

What does intestate mean?

Intestate or intestacy is when a person dies without leaving a will, or a valid will.

What is intestate succession?

Intestate succession is the order of who inherits property when someone dies without a will.

What is a living trust?

A living trust is created by an attorney during the lifetime of the person for whom it benefits, thereby passing the property on without the need for probate. Because the trust is not part of the person’s estate, the court need not dispose of the property within it, saving thousands of dollars in probate fees and costs.

What is California personal property?

Personal property are things like cash, stocks, jewelry, clothing, furniture, or cars.

What is a personal representative?

A personal representative is the administrator or executor that the court appoints to manage the estate.

What is probate?

Probate is the legal process of administering a will in court. It is the court process for distributing a dead person’s assets, paying debts owed by the dead person and settling the financial affairs of people when they die.


What is California real property?

Real property usually includes buildings and land.

What is a successor?

A successor is anyone who has the legal right to receive property of a person who dies, either under the will or the California probate code.

What does testate mean?

Testate is when someone dies leaving a will.

What is a trust?

A trust is an arrangement where property is given to someone to be held for the benefit of another person.

What is a will?

A will is a legal document that lists a person’s wishes about what will happen to his or her property after death.