Glossary Trust and Probate Key Terms

Navigating a trust or probate real estate sale in Long Beach or anywhere in California can feel overwhelming—especially when legal terms and court processes are unfamiliar. This trust and probate glossary is designed to help you understand the most commonly used legal and real estate terms in these transactions. Whether you're an executor, trustee, attorney, or family member, clarity starts here.

📘 Key Terms to Know

🔹 Legal Roles & Key Parties

Agent
A person authorized to act on another's behalf.

Attorney-in-Fact
A person granted authority to act for someone else through a Power of Attorney document.

Beneficiary
An individual who receives assets or benefits from a trust, will, life insurance policy, or financial account. In some cases, the beneficiary and trustee may be the same person.

Custodian of the Will
The person who has physical custody of the will at the time of the testator’s death.

Executor
A person or institution named in a will and officially appointed by the court to manage and distribute the estate according to the decedent’s wishes.

Fiduciary
An individual or institution with a legal obligation to act in another party’s best interest. Examples include trustees, executors, and administrators.

Grantor
Also called a settlor, trustor, or donor. The person who creates and funds a trust.

Heir
A person legally entitled to inherit when someone dies without a valid will.

Personal Representative
A general term for the individual appointed to administer the estate. This includes executors (with a will) and administrators (without a will).

Successor Trustee
A person or institution appointed to take over trust management if the original trustee can no longer serve.

Trustee
The individual or entity responsible for managing trust assets and ensuring they are distributed according to the terms of the trust.

🔹 Legal Documents & Concepts

Power of Attorney
A legal document granting someone authority to act on another’s behalf in financial, medical, or legal matters.

Trust
A legal arrangement in which one person (the trustee) manages property for the benefit of another (the beneficiary), based on instructions from the person who created the trust (the grantor).

Revocable Trust
A trust that can be modified or terminated by the grantor during their lifetime.

Irrevocable Trust
A trust that cannot be changed or revoked once established, except under limited circumstances.

Will
A legally enforceable document stating a person’s wishes for the distribution of their assets and care of dependents after death.

🔹 Probate Terms & Court Processes

Decedent
The person who has died.

Decedent’s Estate
All property, assets, and debts belonging to the deceased at the time of death.

Intestate
Dying without a valid will.

Intestate Succession
The legal order in which relatives inherit when someone dies without a will, based on California probate law.

Testate
Dying with a valid will.

Legatees / Devisees
Individuals named in a will to receive specific assets or property.

Probate (Noun)
The court-supervised legal process of distributing a deceased person’s estate to heirs or beneficiaries and resolving any debts.

Probate (Verb)
To submit a will to the court for validation and appointment of an executor.

🔹 Types of Property

Personal Property
Movable assets such as jewelry, cash, furniture, stocks, or vehicles.

Real Property
Land and anything permanently attached to it, such as homes or buildings.

Need Expert Guidance?

If you're managing a trust or probate real estate matter in Long Beach or the surrounding coastal communities, having the right guidance is critical.
Contact Ginette Skelton at 562-225-5658 for experienced, full-service support.

Ginette Skelton, Long Beach Trust & Probate Specialist