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.
The voluntary and intentional relinquishment of a known right, claim, or privilege. (e.g., waiver of statutory fees by a fiduciary, waiver of the right to an accounting by a beneficiary, waiver of bond requirement).
A minor child or incapacitated adult who is under the care and protection of a court-appointed guardian. (See Guardian).
A promise or guarantee regarding the quality, title, or condition of property.
A type of deed (less common in CA than Grant Deeds) where the grantor guarantees they have clear title to the property and will defend the grantee against any claims.
Action or inaction by a person in rightful possession of property (like a life tenant or fiduciary) that damages or diminishes the value of the property to the detriment of future interest holders or beneficiaries. Can be grounds for legal action.
A comprehensive financial advisory service often including investment management, financial planning, retirement planning, tax planning, and estate planning.
California state statutes containing laws related to elder abuse (including financial abuse), mental health services (LPS Act), public benefits, and juvenile matters, often intersecting with probate court responsibilities (conservatorships, guardianships, special needs trusts).
Relatives who share the same two parents. (Contrast with Half-Blood Relatives). California intestate succession generally treats half-blood and whole-blood relatives equally.
An older concept where a surviving spouse had to choose between taking what was provided under the deceased spouse’s will or asserting their community property rights. Modern community property laws and trust planning often supersede this.
A person whose spouse has died and who has not remarried. (See Surviving Spouse).
A legal document, executed with specific formalities required by state law (e.g., signed by the testator in the presence of two disinterested witnesses who also sign, or entirely handwritten by the testator – Holographic Will), that directs how a person’s probate assets (property not passing by trust, joint tenancy, or beneficiary designation) should be distributed after their death. It typically nominates an Executor to manage the estate and can appoint Guardians for minor children. A will must generally be admitted to probate court to be effective. (See also: Testator, Executor, Probate, Holographic Will, Codicil)
A legal challenge filed in probate court objecting to the validity of a document purported to be the decedent’s will. Common grounds include lack of testamentary capacity, undue influence, fraud, duress, mistake, improper execution, or revocation.
The specific statutory requirements for signing and witnessing a will to make it legally valid. In California, a formal will generally requires the testator’s signature in the presence of two disinterested witnesses, who also sign the will in the testator’s presence and each other’s presence. Holographic wills have different requirements.
The legal process by which a court determines the meaning and effect of ambiguous or disputed language in a will according to established rules and the testator’s likely intent.
A person who observes an event or signing, or who has knowledge relevant to a legal proceeding.
Language in a deed or will describing the type or duration of the estate granted (e.g., “and his heirs” historically indicated fee simple).
Language in a deed or will identifying the person who is intended to receive the property interest (e.g., “to my children”).
A form of secondary financing where a new mortgage “wraps around” an existing one, with the borrower making one payment to the new lender who then pays the original lender. Can complicate estate administration if involved.
A formal written order issued by a court commanding specific action. Examples:
A civil lawsuit brought by the heirs or personal representative of a person whose death was allegedly caused by the wrongful act or negligence of another, seeking damages for the heirs’ losses (e.g., loss of support, companionship). Proceeds are generally for the benefit of the heirs, not the estate’s creditors, but the action may be pursued by the personal representative.
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