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.
Danger or risk. Relevant in contexts like “jeopardy assessment” for taxes.
Fictitious names used in legal documents to represent unknown parties.
Joining parties or claims together in a single lawsuit.
Bank or brokerage account held by two or more persons. Ownership after death depends on how title is held (e.g., joint tenancy with right of survivorship, tenants in common, POD designation). California Probate Code §5100 et seq. contains rules for multiple-party accounts.
Liability where multiple parties are responsible together and individually for the full amount of a debt or obligation. A creditor can pursue any one party for the entire amount.
One attorney representing multiple clients in the same matter (e.g., co-executors, spouses). Requires informed written consent due to potential conflicts of interest.
A single federal or state income tax return filed by a married couple. A surviving spouse can file jointly for the year of death under certain conditions.
A form of co-ownership where two or more people own property together with equal shares and the “four unities” (time, title, interest, possession). Upon the death of one joint tenant, their interest automatically passes directly by operation of law (outside probate) to the surviving joint tenant(s). Can be severed unilaterally, converting it to tenancy in common. Does not receive the double step-up in basis that community property does.
Business arrangement where two or more parties cooperate on a specific project or enterprise.
A single will document signed by two or more persons (usually spouses) disposing of their property. Generally discouraged due to potential complexities regarding revocation and contractual implications.
Public official presiding over court proceedings, responsible for interpreting law, ruling on motions, and making final decisions in bench trials.
An attorney appointed to temporarily serve as a judge with the parties’ consent.
The final, official decision of a court resolving a lawsuit or legal proceeding, determining the rights and obligations of the parties.
The party who won a monetary judgment / The party ordered to pay the judgment.
A lien placed on a judgment debtor’s real property, created by recording an Abstract of Judgment. Secures the right to collect the judgment amount from the property’s proceeds upon sale or refinance.
A judge’s decision overturning a jury’s verdict because it is not supported by the evidence or law. Rare.
Relating to courts, judges, or the administration of justice.
The policy-making body for California state courts, responsible for adopting statewide rules of court and approving official court forms (Judicial Council Forms). Chaired by the Chief Justice of California.
Official legal forms approved by the California Judicial Council for mandatory or optional use in state courts. Many specific forms exist for probate, guardianship, and conservatorship proceedings (often designated with prefixes like DE-, GC-, PB-). Using current forms is critical.
A judge’s power to make decisions based on their own judgment and conscience within the bounds of the law and reason.
Efficiency in the court system; avoiding unnecessary duplication of effort or multiple lawsuits.
Foreclosure process conducted through a court lawsuit, as opposed to non-judicial foreclosure under a power of sale in a deed of trust.
A court’s acceptance of a well-known or easily verifiable fact (e.g., calendars, published laws, facts of common knowledge) without requiring formal proof. Governed by Evidence Code §450 et seq.
Review of a lower court’s decision or administrative agency action by a higher court.
The clause at the end of an affidavit stating when, where, and before whom it was sworn (e.g., “Subscribed and sworn to before me…”). Includes the notary’s signature and seal. (Contrast with Acknowledgment).
The court’s legal authority over the subject matter of a case and the parties involved, allowing it to hear and decide the case. Probate jurisdiction generally lies with the Superior Court in the county where the decedent was domiciled, where the minor/conservatee resides, or where property is located.
The theory or philosophy of law.
A trial where factual issues are decided by a jury rather than solely by the judge. Generally not available for most core probate proceedings (like will admission, accountings), but may be available for certain contests or related civil claims (e.g., financial elder abuse claims).
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