A Trust – A trust established by a married couple’s joint trust when the first spouse dies and funded with the surviving spouse’s separate property and share of the community property. The surviving spouse has complete control over the trust principal and income. Also called a Survivor’s Trust.

Administration – The process during which the executor, personal representative, or trustee collects the decedent’s assets, pays all debts and claims, and distributes the residue of the estate according to the will, trust, or the state law intestacy rules (when there is no will or trust).

Administrator – The individual or corporate fiduciary appointed by the court to manage an estate if no executor or personal representative has been appointed or if the named executor or personal representative is unable or unwilling to serve.

Advance Health Care Directive – A document that appoints an individual (an “agent”) to make health care decisions when the grantor of the power is incapacitated or cannot otherwise make their own health care decisions.

Agent – A person who has power over another person’s property and finances through a Power of Attorney. Also known as: attorney-in-fact

Attorney-in-Fact – Another name for a person who has power over another person’s property and finances through a Power of Attorney.  Also known as: agent

B Trust– A trust established by a married couple’s joint trust when the first spouse dies and the surviving spouse disclaims any interest in the deceased spouse’s property. The trust is funded by the deceased spouse’s separate property and share of the community property up to a specific amount. It is irrevocable. The surviving spouse has control over the income, but not the principal. Also called a Disclaimer Trust or Bypass Trust.

Bypass Trust– A trust established by a married couple’s joint trust when the first spouse dies and the surviving spouse disclaims any interest in the deceased spouse’s property. The trust is funded by the deceased spouse’s separate property and share of the community property up to a specific amount. It is irrevocable. The surviving spouse has control over the income, but not the principal. Also called a Disclaimer Trust or B Trust.

Beneficiary – A person who is entitled to receive property from another person’s estate through the laws of intestate succession, or through a will or trust agreement.

Certification of Trust – A document used in estate planning and trust administration to provide essential information about a trust without revealing the full contents of the trust document itself. This document is also known as a trust certificate or a memorandum of trust. Its purpose is to offer a summary or snapshot of the trust, providing key details to relevant parties while maintaining the privacy of specific trust provisions.

Codicil – A document that supplements, amends, or revokes portions of an existing will.

Community Property – Property of any type acquired by a married person during marriage, while living in California, is presumed to be community property, with each spouse having equal control of and right to the property.

Conservator – A person who has qualified and been appointed to act as the conservator of an incapacitated adult’s estate and/or person. A conservator of the estate takes care of person’s finances, money, and any matters that involve property. A conservator of the person makes sure the person has proper food, clothing, shelter, health care, and appropriate social activities.

Custodian – A person who holds property for a minor pursuant to the Uniform Transfers to Minors Act or other similar acts.

Decedent – An individual who has died.

Descendants – The lineal descendants of a person who are linked through parent-child relationships.  An individual’s children, grandchildren, and more remote persons who are related by blood or because of legal adoption. An individual’s spouse, stepchildren, parents, grandparents, brothers, or sisters are not included. The term “descendants” and “issue” have the same meaning.

Devisee – A person designated in a will to receive a distribution of property from a decedent.

Disclaim – To refuse to accept a gift or inheritance so that it passes to the next person in line.

Disclaimer Trust – A trust established by a married couple’s joint trust when the first spouse dies and the surviving spouse disclaims any interest in the deceased spouse’s property. The trust is funded by the deceased spouse’s separate property and share of the community property up to a specific amount. It is irrevocable. The surviving spouse has control over the income, but not the principal. Also called a B Trust or Bypass Trust.

Durable Power of Attorney – A power of attorney that does not terminate upon the incapacity of the person making the power of attorney.

Estate – The property and rights of a decedent which exist prior to the distribution of that property in accordance with a will or pursuant to applicable intestacy provisions.

Estate Planning – A process by which an individual designs a strategy and executes a will, trust agreement, or other documents to provide for the administration of his or her assets upon his or her incapacity or death.  Tax and liquidity planning are part of this process.

Estate Tax – The death taxes imposed by the federal government on the transfer of assets at death. Estate taxes are generally paid by the executor or the probate estate or the trustee of a trust out of the funds of the estate.  As of 2026 the current federal estate tax exemption amount is $15,010,000 for an individual or $30,000,000  for a married couple. Meaning the tax only applies to estates exceeding this amount. 

Executor – The person appointed to administer the will of a deceased person. The executor must submit the decedent’s will to probate, inventory and value the decedent’s assets, pay the decedent’s proper debts and liabilities, pursue or release claims of the estate, and distribute the decedent’s property to the persons entitled to receive it either under a valid will or as directed pursuant to the intestacy statutes. An attorney may help an executor fulfill their appointed responsibilities. Also called a Personal Representative.

Fiduciary – A person who is responsible for the property of another person and held to a high legal standard of care. Attorneys-In-Fact, Conservators, Custodians, Executors, Guardians, and Trustees are all types of fiduciaries.

Grantor – The person who transfers property to a trustee to establish a trust. Also called a Trustor or Settlor.

Guardian – A person who has qualified and been appointed to act as the guardian of a minor’s estate and/or person. A guardian of the minor’s estate takes care of the minor’s property, including any inheritance. A guardian of the minor’s person has care, custody, and control of the minor, and makes sure the minor has proper food, clothing, shelter, health care, education, and emotional support.

Heirs – Those persons entitled to receive property from a decedent’s estate through the laws of intestate succession. The order of intestate succession is: spouse, issue (children, grandchildren, etc.), parents, parents’ issue (siblings, nieces, nephews), grandparents, grandparents’ issue (aunts, uncles), issue of predeceased spouse, next of kin.

Holographic Will – A handwritten will that does not comply with formal legal requirements. The signature and material provisions of the holographic will must be in the handwriting of the testator to be valid.

Income – Property that a fiduciary receives as a return on a principal asset, such as interest, rent, or profit from sale.

Inter Vivos Trust – A trust created by an individual during his or her lifetime, typically as a revocable trust. Also referred to as a “revocable living trust,” or “living trust.”

Intestacy or Intestate – The status of dying without making a will or other distribution to take effect upon death. When someone dies intestate, state laws direct how that person’s property will be distributed.

Irrevocable Trust – A trust that cannot be amended or revoked.

Issue – The lineal descendants of a person who are linked through parent-child relationships. An individual’s children, grandchildren, and more remote persons who are related by blood or because of legal adoption. An individual’s spouse, stepchildren, parents, grandparents, brothers, or sisters are not included. The term “descendants” and “issue” have the same meaning.

Joint Tenancy – An ownership arrangement in which two or more persons own property, usually with rights of survivorship, which means that when one of the owners of a joint tenancy passes, the other inherits the property without a court hearing.

Living Trust – A trust created by an individual during his or her lifetime, typically as a revocable trust. Also referred to as an “inter vivos” trust, “revocable living trust,” or “living trust.”No-Contest Clause – A provision in a will or trust agreement that provides that someone who sues to receive more from the estate or trust, or overturn the governing document, will lose any inheritance rights he or she has.  These clauses are not permissible in all instances or in all states.

Per Capita- All members of a particular group receive an equal share of the distribution.  Under per capita, the share of any beneficiary that precedes you in death is shared equally among the remaining beneficiaries.

Personal Property –Includes movable assets like furniture, vehicles, and goods.  Personal property is distinguished from Real Property which includes land, including the permanent improvements attached to it, such as buildings, fences, and other structures. Real property is also commonly known as real estate.

Personal Representative – The person appointed to administer the will of a deceased person. The executor must submit the decedent’s will to probate, inventory and value the decedent’s assets, pay the decedent’s proper debts and liabilities, pursue or release claims of the estate, and distribute the decedent’s property to the persons entitled to receive it either under a valid will or as directed pursuant to the intestacy statutes. An attorney may help an executor fulfill their appointed responsibilities. Also called an Executor.

Per Stirpes – A Latin phrase meaning “per branch”. This is a method for distributing property according to the family tree whereby descendants take the share their deceased ancestor would have taken if the ancestor were living.

Pour Over Will – A will used in conjunction with a revocable trust to pass title at death to property not transferred to the trust during lifetime.

Power of Appointment – A power given to an individual (usually a beneficiary) under the terms of a trust to appoint property to certain persons upon termination of that individual’s interest in the trust or other specified circumstances. The individual given the power is usually referred to as a “holder” of the power. The power of appointment may be general, allowing the property to be appointed to anyone, including the holder, or limited, allowing the property to be distributed to a specified group or to anyone other than the holder.

Power of Attorney – A document that names an attorney-in-fact to have control of and responsibility for a person’s property and finances. Can be springing (effective at a specific time, such as upon incapacitation) or immediate. Can be durable (effective regardless of later incapacitation).

Principal Asset – The original asset for which a fiduciary has responsibility. A trust is funded with several principal assets.

Probate – The court proceeding and process that provides a statutory mechanism to establish the authenticity of a will, inventory and value a decedent’s property, pay the decedent’s debts and expenses, and distribute property to the persons entitled to receive it.

Real Property – Land, including the permanent improvements attached to it, such as buildings, fences, and other structures. It is also commonly known as real estate. Real property is distinguished from personal property, which includes movable assets like furniture, vehicles, and goods.

Residuary Estate – The property remaining in a decedent’s estate after payment of the estate’s debts, taxes, and expenses and after all specific gifts of property and sums of money have been distributed as directed by the will or trust.  Also called the residue.

Residue – The property remaining in a decedent’s estate after payment of the estate’s debts, taxes, and expenses and after all specific gifts of property and sums of money have been distributed as directed by the will or trust.  Also called the residuary estate.

Revocable Trust or Revocable Living Trust – A trust created by an individual during his or her lifetime, typically as a revocable trust. Also referred to as an “inter vivos” trust, “revocable living trust,” or “living trust.”

Separate Property – Property owned by a person prior to marriage, or received during marriage as a gift or through inheritance, including any rents or profits that come from that property. The owner of the separate property has complete control of that property.

Settlor The person who transfers property to a trustee to establish a trust. Also called a Grantor or Settlor.

Special Needs Trust – Allows people with disabilities or access and functional needs. It helps provide individuals with financial support without disqualifying them for government benefits, such as Medicaid or Supplemental Security Income This is also sometimes referred to as a supplemental needs trust or SNT.

Spendthrift Provision – A trust provision restricting both voluntary and involuntary transfers of a beneficiary’s interest, frequently in order to protect assets from claims of the beneficiary’s creditors.

Survivor’s Trust – A trust established by a married couple’s joint trust when the first spouse dies and funded with the surviving spouse’s separate property and share of the community property. The surviving spouse has complete control over the trust principal and income. Also called the A Trust.

Tangible Personal Property – Property that is capable of being touched and moved, such as personal effects, furniture, jewelry, and automobiles. Tangible personal property is distinguished from intangible personal property that has no physical substance but represents something of value, such as cash, stock certificates, bonds, and insurance policies. Tangible personal property also is distinguished from real property, such as land and items permanently affixed to land, such as buildings.

Testator – A person who signs a will. If a female, may be referred to as the testatrix.

Testatrix – A female who signs a will. Also may be referred to as the testator (male or female).

Testamentary Trust – A trust established or that takes effect upon the death of the grantor. Testator/Testatrix – The creator or maker of a will.

Trust – A relationship where a grantor transfers property to a trustee to be held, administered, and distributed for the benefit of the trust beneficiaries.

Trust Agreement – The document that establishes the terms under which the trust is administered, identifies the property transferred to the trustee, identifies the beneficiaries, and sets forth conditions upon which property of the trust may be distributed to the beneficiaries.

Trust Certificate – A document used in estate planning and trust administration to provide essential information about a trust without revealing the full contents of the trust document itself. This document is also known as a certification of trust or a memorandum of trust. Its purpose is to offer a summary or snapshot of the trust, providing key details to relevant parties while maintaining the privacy of specific trust provisions.

Trustee – A person who assumes the responsibility to administer a trust for the benefit of the beneficiaries of the trust. A trustee is a fiduciary who generally owes the highest duties to the beneficiaries of the trust.

Trustor – The person who transfers property to a trustee to establish a trust. Also called a Grantor or Settlor.

Uniform Transfers to Minors Act – Statutory provisions which allow a transfer of assets to a custodian to be held for the benefit of a minor.

Will – A document that takes effect at death to dispose of property and that may express other desires such as the establishment of trusts and the exclusion of certain heirs. A will may also designate guardians for minor children.  A will must comply with certain legal requirements to be valid.  A will must have original signatures of the Testator and two unrelated witnesses to be valid. 6