Disclaimer: This glossary provides general information about terms used in California probate for informational purposes only. It is not legal advice and should not substitute consultation with a qualified California probate attorney regarding your specific situation. Laws and procedures can change.
Current as of April 27, 2025.
Latin for “you have the body.” A writ used to challenge the legality of a person’s detention or confinement. May be relevant in LPS conservatorship context.
Implied warranty in residential leases that the landlord will maintain the property in a livable condition. Relevant if estate includes rental property.
Relatives who share only one parent (e.g., half-siblings). Under California intestate succession, half-blood relatives inherit the same share they would inherit if they were of the whole blood. (Probate Code §6406).
Legal principle stating that an appellate court will not reverse a lower court’s decision for a minor error that did not affect the outcome or prejudice a party’s substantial rights.
A tax filing status providing certain advantages, available to unmarried individuals who maintain a home for a qualifying dependent. May be relevant for decedent’s final tax return.
Often included as part of an ascertainable standard (“health, education, maintenance, and support” or HEMS) guiding a trustee’s discretion when making distributions from a trust.
The person appointed in an Advance Health Care Directive to make health care decisions for the principal if they become incapacitated.
Consent, refusal of consent, or withdrawal of consent to any type of health care, including end-of-life decisions, made by a person with capacity or their authorized agent/surrogate. Governed by Probate Code Division 4.7.
Federal law protecting the privacy of medical information. Contains rules about disclosure, potentially relevant for fiduciaries needing access to records (often requires specific authorization).
A formal proceeding before a judge to consider petitions, motions, evidence, or arguments. Notice of probate hearings is required for interested parties.
The specific date and time scheduled by the court for a hearing.
Hearsay is an out-of-court statement (made orally, in writing, or through conduct by someone other than the witness currently testifying) that is offered in court to prove that the content of the statement itself is true. As a general rule, hearsay evidence is inadmissible in California court proceedings, including probate matters, because it is considered inherently less reliable than live testimony subject to cross-examination.
Exceptions in Probate: Despite the general rule, proving the intent or actions of a deceased person (like a testator or trust settlor) often relies on statements they made before death. California law provides specific exceptions to the hearsay rule that are crucial in probate and trust litigation:
A type of petition filed under California Probate Code §850(a)(3), based on the Estate of Heggstad case. Used to ask the court to confirm that an asset, which was clearly identified in a schedule attached to a trust or in the trust document itself as being intended as a trust asset, should legally be considered part of the trust estate even if formal legal title was never transferred to the trustee. If granted, can avoid probate for that specific asset. Success depends heavily on the specific facts and wording.
A person entitled by state statute to inherit property from a decedent who died without a valid will (intestate). Determined by California’s laws of intestate succession based on degree of kinship. (Compare with Beneficiary, who inherits under a will or trust).
A person or company that searches for unknown or missing heirs, often offering to assist them in claiming an inheritance in exchange for a percentage fee (assignment). Agreements are subject to court scrutiny for reasonableness (Probate Code §11604).
An item of personal property passed down through generations within a family, often having sentimental value exceeding its monetary worth. May be subject of specific bequests.
Property legally owned by a trustee for the benefit of beneficiaries according to the terms of the trust instrument.
A will where the signature and material provisions are in the handwriting of the testator. Unlike formal wills, holographic wills do not require witnesses to be valid in California (Probate Code §6111). Date is not required but lack of date can create issues if multiple wills exist. More susceptible to challenges regarding authenticity, capacity, or interpretation.
Protection under California law shielding a certain amount of equity in a primary residence (declared homestead or automatic homestead) from judgment creditors (Code of Civil Procedure §704.710 et seq.). Also refers to Probate Homestead, a right under Probate Code §6520 et seq. allowing the court to set aside property (often the family home) for the use of the surviving spouse and minor children during probate administration or for a limited term, potentially protecting it from some creditors and overriding will provisions.
California law (Probate Code §250 et seq.) prohibits a person who feloniously and intentionally kills the decedent from receiving any property, interest, or benefit from that decedent’s estate or trust, or through survivorship rights. The killer is treated as having predeceased the decedent.
Tangible personal property used in or about the home (e.g., furniture, furnishings, appliances). May be handled separately in wills or small estate procedures.
Pledging property as security for a debt without giving up possession (e.g., a mortgage).
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