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.
Equitable defense barring a claim because the plaintiff unreasonably delayed asserting it, causing prejudice to the defendant. Similar to statute of limitations but based on fairness rather than fixed time limits.
See Contract for Deed. An agreement where the seller finances the purchase and retains legal title until the buyer pays the full price, while the buyer has equitable title and possession.
Owner of real property who leases it to a tenant.
The failure of a gift in a will or trust because the beneficiary died before the testator/settlor and no alternate beneficiary was effectively named or saved by the Anti-Lapse Statute. The lapsed gift typically falls into the residue of the estate unless otherwise specified.
Medical and related costs incurred during the decedent’s final illness leading to death. These have priority for payment from the estate under Probate Code §11420.
A legal document executed according to statutory formalities where a person (testator) directs how their property should be distributed after their death, names an executor, and potentially appoints guardians for minor children.
A hidden flaw in property not discoverable by ordinary inspection. May be relevant in property sales.
The system of rules established by a government or authority, enforced by courts. Includes statutes, regulations, and case law.
See Action, Litigation.
See Attorney.
A non-expert witness who testifies based on their personal knowledge and observations.
A contract granting temporary possession and use of property (usually real estate) by a tenant (lessee) from an owner (lessor) in exchange for rent payments. Estate property may be leased during administration, subject to court approval if required.
The tenant’s interest in property under a lease. Can be an estate asset.
A gift of personal property, especially money, made in a will. Synonymous with Bequest.
See Age of Majority.
Free or low-cost legal services provided to eligible low-income individuals.
See Capacity.
A formal, precise description of real property used in deeds and legal documents, sufficient to identify it uniquely on the ground (e.g., lot and block number from a recorded map, metes and bounds description, or reference to a government survey). Required for transferring title.
See Ethics.
An assumption of fact made by a court as a basis for establishing a legal rule, even if not literally true (e.g., corporations treated as “persons”).
A court order defining rights and duties of spouses while living apart but without formally dissolving the marriage (divorce). Affects property rights and potentially inheritance.
Formal ownership of property recognized by law, carrying the right to control and transfer it. A trustee holds legal title to trust assets, while beneficiaries hold Equitable Title.
A person or entity named in a will to receive a gift of personal property (a legacy). Often used interchangeably with Beneficiary.
Laws enacted by a legislative body (statutes).
Status of a child born to married parents, or the process by which a child born out of wedlock acquires legal status equivalent to children born in wedlock. California law largely bases inheritance rights on parentage regardless of marital status, if parentage is established.
Person or institution loaning money.
Tenant under a lease.
Landlord under a lease.
The official court document bearing the court seal, issued by the clerk after a fiduciary (personal representative, conservator, guardian) is appointed and qualifies (e.g., by taking oath and posting bond if required). This document grants the fiduciary the legal authority to act on behalf of the estate, conservatee, or minor. Certified copies are used to prove authority to third parties like banks. (Probate Code §8405).
Seizure of property by legal process to satisfy a debt or judgment.
A legal debt, obligation, or responsibility. Can refer to debts of the decedent, potential tax liability, or potential personal liability of the fiduciary for breach of duty.
Defamation expressed in writing or other permanent form.
Formal permission granted by an authority to do something (e.g., professional license, driver’s license).
A legal claim or charge against property making it security for the payment of a debt or performance of an obligation (e.g., mortgage lien, judgment lien, tax lien, mechanic’s lien). Liens must generally be paid or addressed during estate administration or upon sale of the property.
The person entitled to receive income or use of trust property for the duration of their own life.
An ownership interest in real property that lasts only for the duration of a specified person’s life (the “life tenant”). Upon the death of the life tenant, the property automatically passes to the designated “remainderman” or reverts to the grantor, outside of the life tenant’s probate estate. The life tenant has rights to use the property and receive income but generally cannot sell or waste the property (commit waste).
A contract where an insurance company agrees to pay a specified sum (death benefit) to a designated beneficiary upon the death of the insured person, in exchange for premium payments. Proceeds pass outside probate if a beneficiary is named; otherwise payable to the estate. May be subject to estate tax if decedent retained Incidents of Ownership.
The person who holds a life estate.
The total amount ($13.61 million per person in 2024, adjusted for inflation) that an individual can transfer during life or at death free of federal gift or estate tax. Gifts exceeding the annual exclusion reduce this lifetime amount. Also applies to GST tax.
A gift made during the donor’s lifetime. May have gift tax implications and potentially affect estate taxes if large or made shortly before death.
A more restricted scope of powers granted under the Independent Administration of Estates Act. Allows the personal representative to act without prior court approval for many routine matters, but specifically excludes the power to sell or exchange real property, grant options to purchase real property, or borrow money secured by real property using independent powers. Court confirmation is required for those actions. Often granted when bond is waived or beneficiaries prefer more oversight on real estate transactions.
A specific type of conservatorship in California exclusively for adults with developmental disabilities (as defined in Probate Code §1420). Designed to promote independence by granting the conservator power over only those specific aspects of the conservatee’s life where assistance is needed, rather than broad control. Requires involvement of Regional Center. (Probate Code §1801(d), §1827.5, §2351.5).
A business structure combining aspects of partnerships and corporations, offering limited liability to its owners (members). Membership interest can be an estate asset requiring valuation and specific handling according to the operating agreement.
A partner in a limited partnership whose liability is generally limited to their investment amount and who does not participate in management. Interest may be an estate asset.
See Special Power of Appointment.
Person in the direct line of descent (child, grandchild, etc.). Synonymous with Descendant or Issue.
Cash and assets that can be easily converted into cash without significant loss of value (e.g., publicly traded stocks, bonds, money market accounts). Estates need sufficient liquidity to pay debts and expenses.
Process of converting assets into cash, often to pay debts or distribute an estate or business.
Latin for “suit pending.” A formal notice recorded with the County Recorder indicating that a lawsuit is ongoing which affects the title or right to possession of specific real property. Provides constructive notice to potential purchasers or lenders that they take subject to the outcome of the litigation. (Code of Civil Procedure §405 et seq.). May be filed in probate litigation involving real property disputes.
A party to a lawsuit.
The process of resolving disputes through the court system; a lawsuit. Probate litigation involves contests or disputes related to wills, trusts, estates, conservatorships, etc.
A trust created during the grantor’s lifetime (inter vivos). Usually refers to a Revocable Living Trust established to manage assets during life, avoid probate at death, and provide for distribution after death. Can also be irrevocable.
Common term for a document expressing wishes about end-of-life medical care (e.g., refusing life support). In California, these directives are legally recognized as part of an Advance Health Care Directive.
See Limited Liability Company.
Money borrowed that must be repaid, usually with interest. May be an estate asset (if decedent was lender) or liability (if decedent was borrower).
Specific procedural rules adopted by individual county Superior Courts in California that supplement state statutes and the statewide California Rules of Court. Critical to follow, especially regarding probate department procedures, filing deadlines, and hearing practices. Available on each court’s website.
Secure box, often at a bank, used for receiving payments. May be used by fiduciaries managing rental properties or businesses.
The act of depositing an original will with the Superior Court clerk in the county where the decedent resided. California law requires the Custodian of the Will (person possessing it) to lodge it within 30 days of learning of the testator’s death, whether or not probate is anticipated. (Probate Code §8200).
State law allowing courts to exercise jurisdiction over non-resident defendants who have sufficient minimum contacts with the state.
Services provided over an extended period to people needing assistance with daily activities due to age, illness, or disability (e.g., nursing home care, assisted living, home health care). Relevant for conservatorships and Medi-Cal planning/recovery.
Tax rule allowing certain net operating losses or capital losses to be used to offset income or gains in future or past tax years. May apply to estate/trust income taxes.
A will that was known to have been validly executed but cannot be found after the testator’s death. California law allows probate of a lost or destroyed will only if its provisions can be proven by clear and convincing evidence (usually through a copy and witness testimony) AND it’s proven the will was not revoked by the testator (often presumed revoked if last seen in testator’s possession and now missing). Requires specific petition and heightened proof. (Probate Code §8223, §6124).
A fundamental fiduciary duty requiring the fiduciary to act solely in the best interests of the beneficiaries or estate, avoiding self-dealing and conflicts of interest. (Probate Code §16002).
Conservatorship established under California’s Lanterman-Petris-Short (LPS) Act (Welfare & Institutions Code §5000 et seq.), specifically for individuals found by a court to be gravely disabled as a result of a mental health disorder or chronic alcoholism. Focuses on providing mental health treatment, often involving involuntary confinement. Different procedures, timelines, and standards than general probate conservatorships. Usually initiated by government agencies.
A single payment of an entire amount, such as a retirement plan balance or insurance benefit. Tax consequences vary.
Legal challenges shouldn’t be faced alone. Whether you need guidance on estate planning, litigation, or business law, our expert team is here to help.