A
ABATE
To put an end to; nullify.
ABATEMENT
Cutting back certain gifts under a will when
necessary to create a fund to meet expenses, pay
taxes, satisfy debts, or to have enough to take care
of other bequests that are given priority under law
or under the will.
ABSTRACT OF JUDGMENT
A written summary of a judgment which states how
much money the losing party (judgment debtor)
owes to the person who won a monetary award
(judgment creditor). The abstract is issued by the
court so that it can be recorded at the county
recorder. The purpose of an abstract of judgment is
to create a lien or claim on any real estate owned or
later acquired by the debtor located in the county in
which the abstract of judgment is recorded.
ACCOUNTING
An act or system of making up or settling accounts;
a statement of account, or a debit and credit in
financial transactions
ADEMPTION
The failure of a specific bequest of property because
the property is no longer owned by the testator at
the time of his death.
AD LITEM
For the suit; for purposes of the suit; pending the
suit. (See guardian ad litem.)
ANCILLARY ADMINISTRATION
Administration in a state other than the decedent’s
domicile, when there is also a known administration
at the place of domicile.
ANNUITANT
Beneficiary of annuity.
APPEARANCE
The formal act of presenting oneself physically to
the jurisdiction of a court; a document identifying
representing counsel.
ASSETS
All property other than income that is part of an
estate
ATTESTATION
The act of witnessing the signing of a document by
another, and the signing of the document as a
witness. Thus, a will requires re both the signature by
the person making the will and attestation by at
least two witnesses.
ATTESTATION CLAUSE
The clause generally at the end of an instrument
wherein the witnesses certify that the instrument
has been executed before them, and the manner of
the execution of same. A certificate certifying as to
the facts and circumstances attending execution of
ADMINISTRATOR
A person (sometimes a family member) appointed
by the court to administer the estate ofa person
who died without a will (i.e., a Personal
Representative). (See also, general administrator,
public administrator, and special administrator.)
ADMINISTRATOR WITH WILL
ANNEXED
A person appointed by the court to administer the
estate of a person who died with a will, but the will
either fails to nominate an executor or the named
executor is unable to serve.
ADVERSE POSSESSION
The actual, open, and notorious possession of real
property, for a continued period of time, held
adversely and in denial and in opposition to the title
of any other claimant.
AFFIANT
One who makes oath to a statement.
AFFIDAVIT
A written statement made under oath.
AGE OF MAJORITY
The age when a person acquires all the rights and
responsibilities of being an adult. In California, as in
most states, the age is 18.
AMENDED
To add to or change a document that has been filed
in court by replacing it in its entirety with a n
version. In Probate, an Amended Petition will be
given a new hearing date.
AMENDMENT
To add to or change a portion of a document that
has been filed in court. In Probate, an Amendment
to a Petition will not be given a new hearing date.
B
BENEFICIARY
An individual or organization to which a gift of
property is made. Person (or organization) receiving
benefits under a legal instrument such as a will,
trust, or life insurance policy. Except when very
small estates are involved, beneficiaries of wills only
receive their benefits after the will is examined and
approved by the probate court. Beneficiaries of
trusts receive their benefits directly as provided in
the trust instrument.
BEQUEATH
The first-person legal term used to leave someone
personal property in the will, e.g., “I bequeath my
antique car to my brother Jody.”
BEQUEST
The legal term used to describe personal property
left in a will.
BLOCKED ACCOUNTS
Cash or securities that are placed in a bank, trust
company, insured savings and loan or insured
brokerage thdrawa
ATTORNEY-IN-FACT
The individual who is designated in the power of
attorney
document to act on behalf of another.
BYPASS TRUST
A trust into which just enough of a decedent’s
estate passes, so that the estate can take advantage
of the unified credit against federal estate taxes.
Also known as credit-shelter trust, A-B trust, or
marital life estate trust.
C
CAPACITY
Mental ability to make a rational decision, which
includes the ability to perceive and appreciate all
relevant facts. Capacity is not necessarily
synonymous with sanity. Legal capacity is the
attribute of a person who can acquire new rights, or
transfer rights, or assume duties according to the
mere dictates of his/her own will, as manifested in
acts, without any restraint or hindrance arising from
his/her status or legal condition.
CASE MANAGEMENT
CONFERENCE
A Case Management Conference (CMC) is a hearing
between the judge and the parties. A CMC usually
happens before a trial is scheduled. Witnesses do
not need to attend and evidence is not presented.
The main purpose of the hearing is to see if parties
are willing to attempt to settle some or all of the
issues in dispute before going to trial. If settlement
is not likely and parties are unwilling to participate
in mediation or a settlement conference, then a
Trial Readiness Conference (TRC) and a Trial date
may be set. Additionally, Discovery and Motion cutoff dates are generally given to the parties at the
CMC.
CERTIFIED COPY
An official copy of a particular document from a
case file
that is notated as a true, complete, and authentic
representation of the original document.
CONSENT FOR MEDICAL
TREATMENT
Power held by conservator of the person only if
expressly granted by the court, after noticed motion
and consideration of physician’s declaration.
CONSERVATEЕ
A person determined by the court to be unable to
protectand manage their own personal care o
financial affairs, or both. And, for whom the court
has appointed a conservator.
CONSERVATOR
A person or organization appointed by the court o to
protect and manage the personal care or financial
affairs, or both, of a Conservatee. (See LPS
conservatorship.)
CONSERVATORSHIP
A court proceeding to appoint a manager for the
financial affairs or the personal care of one who is
either physically or mentally unable to handle either
or both.
CONSERVATORSHIP ESTATE
The conservatee’s income and assets.
CONTEMPT OF COURT
court order or statute.
BOND
A document guaranteeing that a certain amount of
money will be paid to the victim if a person
occupying a position of trust does not carry out his
legal and ethical responsibilities. If an executor,
trustee or guardian who is bonded wrongfully
deprives a beneficiary of his/her property, the
bonding company will replace it, up the limits of the
bond.
BRIEF
A written document that outlines a party’s legal
arguments in a case.
CHANGE OF VENUE
The transfer of a case from one judicial district to
another.
CHATTEL
Any tangible, moveable thing, personal as opposed
to real property.
CITATION
A court-issued writ that commands a person to
appear at a certain time and place to do something
demanded in the writ, or to show cause for not
doing so. An order or summons notifying a
proposed conservatee of the petition being made,
and or commanding the person to appear in court.
CODICIL
An amendment or supplement to an existing will.
When admitted to probate, it forms a part of the
will.
COMMISSIONER
A person appointed by the court who is given the
power to hear and make decisions concerning
certain limited legal matters; e.g., traffic
commissioner, small claims commissioner.
COMMUNITY PROPERTY
Property acquired by a couple during their marriage
except by gift or inheritance.
CONFIDENTIAL RECORD
Any information introduced into a court proceeding
that is not available to the general public.
CONFLICT OF INTEREST
Refers to a situation when someone, such as a
lawyer or public official, has competing professional
or personal obligations or personal or financial
interests that would make it difficult to fulfill his/her
duties fairly.
CONTINGENT BENEFICIARY
Any person entitled to property under a will in the
event one or more prior conditions are satisfied.
COOGAN LAW
In January 1, 2000, changes in California law
affirmed that earnings by minors in the
entertainment industry are the property of the
minor, not their parents. Since a minor cannot
legally control their own money, California Law
governs their earnings and creates a fiduciary
relationship between the parent and the child.
This change in California law also requires that 15%
of all minors’ earnings must be set aside in a
blocked trust account commonly known as a
Coogan Account.
COSTS
An award of money for expenses in a civil suit or
reimbursement for expenses in a probate matter.
An act or omission that obstructs the orderly
administration of justice or impairs the dignity,
respect or authority of the court. May be
demonstrated by behavior which shows intentional
disregard of or disobedience of a court order both of
which may be punishable by fine or imprisonment.
CONTESTANT
A person who contests the eligibility of a will to be
admitted to probate.
CONTESTED
To defend against an adverse claim made in a court
by a plaintiff, petitioner or a prosecutor; to
challenge a position asserted in a judicial
proceeding, as to contest the probate of a will.
CREDITOR
A person (or institution) to whom money is owed.
CREDITOR’S CLAIM
A document wherein a creditor demands payment
for debt owed by the decedent.
D
DECEDENT
A person who has died.
DECISION
The judgment rendered by a court after
consideration of the facts and legal issues before it.
DECLARATION
A written statement that is unsworn but made
under penalty of perjury. All declarations must be
dated and signed by the declarant and must show
the place of execution and name the state wherein
the document was executed or otherwise, that the
declaration is made under the laws of the state of
California.
DECREE
A court order.
DEED
A written legal document that describes a piece of
property and outlines its boundaries. The seller of a
property transfers ownership by delivering the deed
to the buyer in exchange for an agreed upon sum of
money.
DEMURRER
A written response to a lawsuit which, in effect,
pleads for dismissal on the point that even if the
facts alleged were true, there is no legal basis for a
lawsuit. Some causes of action may be defeated by
a demurrer while others may survive. Some
demurrers contend that the pleading is unclear or
omits an essential element of fact. If the judge finds
these errors, he/she will usually sustain the
demurrer (state it is valid), but “with leave to
amend” in order to allow changes to make the
original pleading good.
DISCHARGE
The term used to describe the court order releasing
the administrator or executor from any further
duties regarding the estate being subjected to
probate proceedings. This typically occurs when the
duties have been completed but can also happen in
the middle of the probate proceeding when the
executor or administrator wishes to withdraw or is
removed.
DISCLAIMER
The repudiation or renunciation of a claim or power
yested in a
COURT INVESTIGATOR
Conducts field investigations and assessments with
individuals applying for a guardianship of the estate
or conservatorship of the person and/or estate. The
investigator interviews involved parties, relatives,
attorneys, medical and psychiatric staff, various
government agencies, and other concerned parties.
The investigator obtains statements, affidavits, and
other evidence to prepare detailed reports and
make recommendations regarding the suitability of
proposed guardian/conservator for judicial review as
required under the Probate Code.
DEPENDENT
In family law, refers to a person who is financially
supported by another person, usually the parent. In
juvenile law, refers to a minor who is in the custody
of
the court because he or she has been abused,
neglected, or molested.
DEVELOPMENTAL DISABILITY
Developmental disability is a mental disability that
begins before an individual attains age 18, that
continues indefinitely, and that is substantially
handicapping. Developmental disabilities include,
but are not limited to, intellectual disability (fka
mental retardation), cerebral palsy and autism.
Handicapping conditions that are solely physical,
however, are not developmental isabilities. See
“limited conservatorship”.
DEVISE
A legal term that now means any real or personal
property that is transferred under the terms of a
will. Previously, the term only referred to real
property.
DEVISEE
A person or entity who receives real or personal
property under the terms of a will.
DIRECTIVE TO PHYSICIAN
A document which authorized termination of life
support under specified conditions. California’s
variation of a Living Will.
DISBURSEMENTS
The act of paying out money, commonly from a
fund or in settlement of a debt or account payable.
E
ELECTIVE SHARE
Refers to probate laws that allow a spouse to take a
certain portion of an estate when the other spouse
dies, regardless of what was written in the spouse’s
will.
ELISOR
When one of the parties is unable or refuses to sign
documents necessary to execute a court order, the
court may appoint the Clerk of the Superior Court or
an authorized representative to act as an elisor to
sign the documents.
ENCUMBRANCE
Any claim or restriction on a property’s title, a debt.
EQUITY
The difference between the fair market value of
your real and personal property and the amount you
still owe on it, if any.
ERRATА
Errata refers to errors in printing or writing, such as
which he/she formerly alleged misspellings, omissions, and other typographical
to have. The disavowal, denial, or renunciation of an
interest, right, or property imputed toaperson or
alleged to be his/hers.
DISTRIBUTEE
Someone who receives property from an estate.
DONEE
One who receives a gift. Thus, the beneficiary of a
trust is generally referred to as the “donee.”
DONOR
One who, while alive, gives property to another, in
the form of a trust.
DURABLE POWER OF ATTORNEY
A written legal document that lets an individual
designate another person to act on his or her behalf,
even in the event the individual becomes disabled
or incapacitated.
DURABLE POWER OF ATTORNEY
FOR HEALTHCARE
A written legal document that allows an individual
to designate another person to act on his or her
behalf with regard to their healthcare decisions.
ESTATE
A person’s total possessions (assets), including
money, jewelry, securities, land, etc. These assets
are managed by a fiduciary subject to a court order
(e.g., guardianship estate, conservatorship estate, or
decedent’s estate).
EXECUTOR
The person named in a will to carry out the
directions as set forth in the will. This person is the
personal representative ofthe decedent’s estate.
EXEMPLIFICATION
A formal type of certification in which the Clerk of
the Court signs the certification of the document or
record. The Presiding Judge then signs attesting to
the fact of the identity of the Clerk of the Court, and
that the signature is authentic. Finally, a Clerk of the
Court signs again, this time attesting to the fact that
the judge is a judge of that county’s superior court,
and that his/her signature is authentic.
EXHIBIT
Any physical object introduced and identified in
court and received by the judge as evidence in a
case.
EX PARTE
Latin that means “by or for one party.” Refers to
situations in which only one party (and not the
adversary) appears before a judge.
EXPENSES OF ADMINISTRATION
The expenses incurred by an executor or
administrator in carrying out the terms of a will or in
administering an estate. These include probate
court fees, fees charged by an executor or
administrator, attorney’s fees, accountant fees,
mand appraiser’s fees.
AD LITEM
Latin for “guardian at law.” A person appointed by a
court to represent the interests of an incapacitated,
mentally handicapped, or minor person in a court
case.
GUARDIANSHIP
The office, duty, or authority of a guardian. Also, the
relation subsisting between guardian and ward.
H
errors. It is a means used to merely correct
inadvertent errors, not to make substantive
changes.
ESCHEAT
A legal doctrine under which property belonging to
a deceased person with no heirs passes to the state.
ESCROW
Money or documents, such as a deed or title, held
by a third party until the conditions of an
agreement are met. For instance, pending the
completion of a real estate transaction, the deed to
the property will be held “in escrow.”
F
FAIR MARKET VALUE
That price for which an item of property would be
purchased by a willing buyer, and sold by a willing
seller, both knowing all the facts and neither being
under any compulsion to buy or sell.
FIDUCIARY
A person or organization that manages property for
a person, with a legal responsibility involving a high
standard of care (e.g., conservators, guardians,
personal representatives, agents, or trustees).
FIDUCIARY DUTY
An obligation to act in the best interest of another
party. For instance, a corporation’s board member
has a fiduciary duty to the shareholders,a trustee
has a fiduciary duty to the trust’s beneficiaries, and
an attorney has a fiduciary duty to a client.
FINDING
A determination of fact by a judicial officer or jury.
G
GENERAL ADMINISTATOR
One who is appointed to generally administer the
entire estate.
GRANTOR
The person who transfers assets into a trust for the
benefit of another. (Also known asatrustor.)
GUARDIAN
A person appointed by the court to protect and
manage the personal care or financial affairs, or
both, of a minor (ward).
INHERITANCE TAX
California law no longer has a state inheritance tax
as such. But if federal estate tax is owed, some of
the amount is paid to the state and allowed as a
credit on the amount of federal
tax owed.
INTERLINEATION
The act of writing between the lines of an
instrument.
INTER VIVOS TRUST
A trust set up during the lifetime of a person to
distribute money or property to another person or
organization (as distinguished from a person who
transfers money or property after death).
INTESTATE
Without a will. Opposite of testate.
INVENTORY AND APPRAISAL
A list of all assets in the estate at the beginning of
the guardianship, conservatorship, or at the
decedent’s death. Cash items are valued by the
HEIR
A person who would naturally inherit property
through a will, or from another who died without
leaving a will.
HOLOGRAPHIC WILL
Generally, a will that is completely handwritten,
dated and signed by the person making the will.
IN FORMA PAUPERIS
From the Latin: “in the way of a pauper.” The official
waiver of court costs due to the insolvency of a filer
IN PROPRIA PERSONA (IN PRO
PER)
From the Latin: “in one’s own proper person.”A case
heard in which a party represents himself or herself
without benefit of any attorney; same as “in pro
per.” A person who represents himself or herself in a
court alone without the help of a lawyer is said to
appear in pro per.
INCAPACITY
The lack of ability to act on one’s own behalf.
J
JOINDER
A legal term that refers to the process of joining two
or more legal issues together to be heard in one
hearing or trial. It is done when the issues or parties
involved overlap sufficiently to make the process
more efficient or fairer. It helps courts avoid hearing
the same facts multiple times or seeing the same
parties return to court separately for each of their
legal disputes.
JOINT TENANCY WITH RIGHT OF
SURVIVORSHIP
Property that names a co-owner on its deed or title.
At the death of one of the co-owners, the other will
become the sole owner of the property, regardless
of what may be
conveyed in the will.
JUDGMENT
A court’s official decision on the matters before it.
JUDICIAL COUNCIL
The Judicial Council of California is the
constitutionally mandated body responsible for
improving the administration of justice in the state.
The council is made up of judges, court executives,
attorneys, and legislators. It was established to
standardize court administration, practice, and
procedure by adopting and enforcing court rules.
JUDICIAL COUNCIL FORMS
The Judicial Council of California has created many
forms (called “Judicial Council forms”) to
standardize the preparation of court documents.
People involved in lawsuits (also called “litigants”)
must use Judicial Council forms that are labeled
“mandatory” and may use forms that are labeled
“optional.”
LETTERS
The court document that establishes the authority
to act as a guardian, conservator, or personal
representative (executor or administrator). In
decedent’s estates, an executor’s letters are
designated “letters testamentary,” and an
administrator’s letters are “letters of
administration.”
lduclary; the probe
at their fair market value.
IRREVOCABLE LIVING TRUST
A trust created during the maker’s lifetime that
does not allow the maker or anyone else to change
it.
ISSUE
A term generally meaning all natural children and
their children down through the generations.
Adopted children are considered the issue of their
adoptive parents and the children of the adopted
children (and so on) are also considered issue. A
termrm often used in place of issue is “lineal
descendants.”
JUDICIAL OFFICER
An official of the judicial branch of government with
authority to decide matters brought before the
court. The term “judge” may also refer to all judicial
officers, including Supreme Court justices.
JURISDICTION
A court’s authority to rule on the questions of law at
issue in a dispute, typically determined by
geographic location and type of case.
K
KINDRED
All persons described as relatives of the decedent
under the
California Probate Code.
L
LAPSE
The failure of a gift of property left in a will because
when the testator dies the beneficiary is deceased
and no alternate has been named. California has a
statute (termed an “antilapse”statute), which
prevents gifts to relatives from lapsing unless the
relative has no heirs of his or her own.
LEGACY
An old legal word meaning a transfer of personal
property by will. The more common term for this
type of transfer is bequest or devise.
LEGATEЕ
Also known as beneficiary. Person named in a will to
receive property.
LPS CONSERVATORSHIP
A specific type of conservatorship, under the
Lanternman- Petris-Short (LPS) Act, which allows for
involuntary detention and treatment of a person
(the conservatee). This conservatorship is a result of
mental disorder and the conservatee appears to be
a danger to himself/herself or others, or is gravely
disabled. (See conservator and conservatee.)

R
REAL PROPERTY
Land and all the things that are attached to it.
Anything that is not real property is personal
property and personal property is anything that isn’t
nailed down, dug into or built onto the land. A
house is real property, but a dining room set is not.
RECEIPTS
All cash or other assets of the estate received by the
fiduciary, other than those listed on the inventory
and appraisement. Receipts must be reported to
the court on a schedule in the periodic accounting.
REGIONAL CENTER
Private, nonprofit agencies that contract with the
state to provide services to persons with
developmental disabilities, including assessment,
individual program planning, case management,
purchase of services, and advocacy. There are 21
regional centers throughout the state.
SPECIAL ADMINISTRATOR
A person appointed to be responsible for a
is not in the probate estate.
PROBATE EXAMINER
The Probate Examiner examines files and
documents in pending probate matters set for
hearing, providing technical, procedural and legal
review to ensure that
matters before the court have proper notice and
complete documents for a court ruling. The
Examiner’s work-product is then posted prior to the
hearing date forthe parties to review and correct
deficiencies (or defects) prior to the hearing.
PROBATE REFEREE
An official appointed by the California State
Controller to value all property (except for cash tyре
items) in probate, small estate petitions,
conservatorship, and guardianship matters filed
with the court. Probate Referees also assist trustees
in valuing assets in non-probate matters.
PROOF OF SERVICE
The form filed with the court that proves the date
on which documents were formally served on a
party in a court action.
RESIDUARY ESTATE
Also known as residue of the estate. Portion of the
estate left after bequests of specific items of
property are made. Often the largest portion.
RESIDUARY LEGATEE
The person or persons named in a will to receive any
residue left in an estate after the bequests of
specific items are made.
RESPONDENT
The person against whom an appeal is made; the
responding party in a dissolution, nullity, adoption,
or probate matter.
REVOCABLE LIVING TRUST
A trust created during the maker’s lifetime that can
be changed. Allows the creator to pass assets on to
choose beneficiaries without going through
probate.
RIGHT OF SURVIVORSHIP
In a “joint-tenancy” or “community property with
right of survivorship,” the property automatically
goes to the coowner if the other co-owners dies.
S
SEALED RECORD
A record closed by a court to further inspection by
anyone unless further ordered by the court
(compare confidential record, public record).
SELF-PROVING WILL
A will accompanied by a sworn statement signed by
the witnesses under penalty of perjury. Many states
accept such wills in order to avoid the cumbersome
process of requiring an executor to track down the
witnesses.
SPENDTHRIFT TRUST
A trust designed to keep money out of the hands of
creditors. Often established to protect someone
who is incapable of managing his or her financial
affairs.
STANDING
The legal right to initiate a lawsuit. To possess
standing,,ар a person must be sufficiently affected by
the matter at hand, and there must be case or
controversy that can be resolved by legal action.
STATUTE
deceased person s property for a lifite
during an emergency, such as a challenge to the
will or to the qualifications of the named executor.
In such cases, the special administrator’s duty is to
maintain and preserve the estate, not necessarily to
take control of the probate process.
SPECIAL IMMIGRANT JUVENILE
STATUS
In 1990, Congress enacted federal law to assist
certain undocumented children in obtaining lawful
permanent residence through a special immigrant
visa category known as Special Immigrant Juvenile
Status (SIJS). This law helps certain undocumented
children in the state juvenile system to become
Lawful Permanent Residents. Children involved in
adoption or guardianship proceedings who have
been abandoned, abused or neglected may be able
to obtain Special Immigrant Juvenile Status and,
based on that, apply to become a Lawful Permanent
Resident.
SPECIAL NEEDS TRUST
A Special Needs Trust enablesaperson under a
physical or mental disability, or an individual with a
chronic or acquired illness, to have, held in Trust for
his or her benefit, an unlimited amount of assets. In
a properly-drafted Special Needs Trust, those assets
are not considered for purposes of qualification for
certain governmental benefits.
SPECIFIC BEQUEST
A specific item, distinguished from all others of the
same kind belonging to the testator that is
designated in the will as going to a specific
beneficiary. If the specific item is no longer in the
estate when the decedent dies, the bequest fails
and resort cannot be made to other property of the
decedent.
SUPPLEMENT
Something added to complete a thing, make up for
a deficiency, or extend or strengthen the whole. In
Probate, these are generally filed to correct defects
noted by the Probate Examiner.
SURCHARGE
A money judgment which the court can impose on
the fiduciary if the fiduciary’s improper acts cause a
loss to the estate.
SURETY
One who undertakes to pay money or do any other
act in the event that his principal fails therein. One
bound with his/her performance of some duty or
promise and who is entitled to be indemnified by
someone who ought to have paid or performed if
payment or performance be enforced against
him/her.
SURETY BOND
See bond.
SURETY BOND RIDER
A surety bond rider, also called a superseded
suretyship rider, is an addendum which the surety
attaches to a surety bond in order to lengthen the
discovery period
beyond the span of time originally indicated in the
bond’s terms.
T
TANGIBLE PERSONAL PROPERTY
Personal property that takes a tangible form, such
as automobiles, furniture and heirlooms. Although
Any written law passed by a state or federal
legislative body.
STATUTORY WILL
California form will.
STIPULATION
An agreement between parties or their attorneys.
SUA SPONTE
From the Latin: “of its own will.” Commonly used
when a judge does something not specifically
requested by either party in a case.
SUBSTITUTED JUDGMENT
A legal doctrine by which the court may authorize
or direct the conservator to take certain actions
relating to the conservatee’s estate. This may
include making gifts or transferring assets to trusts.
SUCCESSOR FIDUCIARY
The next person, or organization, appointed as
when a vacancy arises in a conservatorship,
guardianship, or decedent’s estate because of the
fiduciary’s death, removal, or resignation.
TAXABLE ESTATE
The fair market value of all assets owned by a
decedent at date of death (gross estate) less certain
allowable deductions, such as debts of the
decedent, last illness and funeral expenses, and
expenses of administering the decedent’s estate
(attorney’s fees, court costs and newspaper
publication fees).
TENANCY IN COMMON
A type of joint ownership that allows a person to sell
his share or leave it in a will without the consent of
the other owners. If a person dies without a will, his
share goes to his heirs, not to the other owners.
TESTATMENTARY DISPOSITION
A disposition of property in a will.
TESTAMENTARY TRUST
A trust created by the provisions in a will. Typically
comes into existence after the writer of the will dies.
TESTATE
A person who has made a will or who has died
leaving a valid will; opposite of intestate.
TESTATOR
The person who makes a will.
TITLE
Ownership of property.
TOTTEN TRUST
A bank account in your name for which you name a
beneficiary. Upon the death of the named holder of
the account, the money transfers automatically to
the beneficiary.
TRUST
A written legal instrument created by a grantor
during his or her lifetime or at death for the benefit
of another. Property is given to a trustee to manage
for the benefit of a third person. Generally the
beneficiary gets interest and dividends on the trust
assets for a set number of years. A legal
arrangement under which one person or institution
(called a “trustee”) controls property given by
another person (termed a “trustor”, “grantor” or
“settler”) for the benefit of a third person (called a
“beneficiary”). The property itself is sometimes
termed the “corpus” of trust.
TRUSTEЕ
The person named in a trust document who will
such items as stock ownersnip and copyrights may
be represented in the form of paper certificates, the
actual property is not in physical form and therefore
considered intangible personal property.
TRANSFER AGENT
A representative of a corporation who is authorized
to transfer ownership of a corporation’s stock from
one person to another. An executor or administrator
must use
transfer agent when passing title to a decedent’s
stock to an heir or beneficiary.
TRIAL
In the United States, the trial is the principal method
for resolving legal disputes that parties cannot
settle by themselves or through less formal
methods. The chief purpose of a trial is to secure fair
and impartial administration of justice between the
parties to the action. To provide a final legal
determination of the dispute between the parties.
The cornerstone of the legal system in the United
States is the jury trial. However, not all trials are jury
trials. A case may also be tried before a judge. This is
known as a court trial or a bench trial. A court trial is
basically identical to a jury trial, except the judge
decides both the facts and the law applicable to the
action.
TRIAL READINESS CONFERENCE
A Trial Readiness Conference (TRC) is a hearing
scheduled before the trial date. It may be
conducted for several reasons: (1) expedite
disposition of the case, (2) help the court establish
managerial control over the case, (3) discourage
wasteful pretrial activities, (4) improve the quality of
the trial with thorough preparation and (5) facilitate
a settlement of the case.
V
VENUE
The geographical limits of court’s jurisdiction
(usually a county, or a division with a county).
An oral or written statement that something is true,
usually sworn to under oath.
VESTING
Expression of the form of legal title by which
property is held. Fiduciaries generally should vest
legal title in themselves expressly in their fiduciary
capacity. (E.g., “John Smith, as Conservator of the
Estate of Bill Jones.”)
WARD
A person, especially a child, placed by the court
under the care of a guardian.
WILL
A legal document directing the disposal of the
testator’s property after their death. A will is
revocable during the maker’s lifetime.
WRIT OF EXECUTION
A court order to a sheriff to enforce a judgment by
levying on real or personal property of a judgment
debtor to obtain funds to satisfy the judgment
awarded to the judgment creditor. A Writ of
Execution is issued by the court clerk.
manage the property owned by the trust and
distributes any income according to the document.
A trustee can be an individual or a corporate
fiduciary.
TRUSTOR
The person who transfers assets into a trust for the
benefit
of another. (Also known as a “grantor.”)
U
UNIFORM TRANSFERS TO MINORS
ACT
California law, which provides a way for someone to
give or leave property to a minor by appointing a
“custodian” to manage the property for the minor.
WILL CONTEST
A proceeding peculiar to probate for the
determination of questions of construction of a will
or whether there is or is not a will. Any kind of
litigated controversy concerning the eligibility of an
instrument to probate as distinguished from validity
of the contents of the will. (Will contests are in rem
proceedings in that the contest is brought against
the thing, the will, as opposed to in personam
proceedings, which are brought against a person.)

M
MARITAL DEDUCTION
A deduction allowing for the unlimited transfer of
any or all property from one spouse to the other
generally free of estate and gift tax.
MINOR
A person under the age of 18. A minor is usually
defined as someone who has not yet reached the
age of majority. The term does not apply to an
emancipated youth. As used in the context of a
guardianship, a person under the age of 18 years of
age who is placed in the care of a court-appointed
LIFE ESTATE
The type of ownership a person possesses in real
estate when he/she has only the right of possession
for his/her life, and the ownership passes to
someone else after his/her death.
LIMITED CONSERVATORSHIP
A type of conservatorship for developmentallydisabled adults.
LIVING TRUST
A trust set up while a person is alive and which
remains under the control of that person during the
remainder of her life. Also referred to as “inter vivos
trusts.”
LIVING WILL
Also known as a medical directive or advance
directive. A written document that states a person’s
wishes regarding life-support or other medical
treatment in certain
circumstances, usually when death is imminent.
LODGMENT
A lodgment is a means of submitting documents to
thecourt temporarily. Generally this practice is
reservedfor a large number of exhibits that have
either been deemed too large for the court’s file or
are needed on a limited basis. Another example of
when documents should be lodged rather than filed
is in the instance of original documents, such as
bank statements, that are submitted in support of a
one-time hearing, such as an Accounting.
MOTION IN LIMINE
A motion made before a trial begins asking the
court to decide whether particular evidence will be
admissible. A motion in limine is most often made
to exclude evidence by a party who believes that
evidence would prejudice the jury orjudge against
him or her. For example, a defendant in a criminal
trial might make a motion in limine to exclude
evidence of previous crimes.
N
NET ESTATE
The value of all property owned at death less
liabilities. NEXT OF KIN The closest living relatives of
a decedent, under the California law governing
intestate succession.
NOTICE
Information given to a person or entity of some act
done, or about to be done.
NUNC PRO TUNC
From the Latin: “now for then”, used when an order
is issued on one date but is effective retroactively.
NUNCUPATIVE
Oral, not written, form of will – not valid in California.
Ο
ORDER TO SHOW CAUSE
Court order commanding a person to appear in
court at a specific date and time, and to show cause
to the court’s satisfaction why he or she should not
be compelled to perform a certain act (or cease a
certain act).
PLEADINGS
In a civil case, the allegations by each party of their
claims and defenses.
POINTS AND AUTHORITIES
guardian.
MOTION
A motion is a formal request made to a judge for an
order or judgment. Motions can be filed for many
purposes, such as: to continue a trial to a later date,
to get modification or clarification of an existing
order, for a judgment, for discovery issues, for a
rehearing or reconsideration, for sanctions, or for
many other purposes. Most motions require the
underlying motion to be made in pleading, and a
brief of legal reasons for granting the motion (often
called “points and authorities”), written notice to
the opposing party and a hearing before a judge.
P
PECUNIARY
Monetary; relating to money; financial; consisting of
money or that which can be valued as money.
PER STIRPES
By right of representation; made of distribution in
which the issue of a deceased devisee collectively
take only the share which their parent would have
taken if living.
PERSONAL EFFECTS
Belongings ofapersonal nature, such as clothes
and jewelry.
PERSONAL PROPERTY
All items, both tangible and intangible, that are not
real property. Anything owned by a person that can
be moved such as money, securities, jewelry, etc. (As
opposed to real
property e.g. house, land, crops, cabin, etc.)
PERSONAL REPRESENTATIVE
The generic title applied to the person who is
authorized to act on behalf of the decedent’s estate.
Almost always, this person is either an administrator
or executor appointed by the court to administer a
decedent’s estate.
PETITION
A written, formal request, properly filed with the
court, for a specific action or order. The petition is a
pre-printed court form in some cases, or written in
proper format on pleading paper in others (e.g.
petition for probate, petition for conservatorship,
etc).
PETITIONER
One who presentsa petition to a court. The person
who opposes the prayer of the petition is called the
“respondent.”
PROBATE
The judicial process in which an instrument
purporting to be the will of a deceased person is
proven to be genuine or not; lawful distribution of
the decedent’s estate. The legal process of
administering a will. Also, thejudicially supervised
process for marshaling a decedent’s assets, paying
proper debts, and distributing the remaining assets
to the persons or entities entitled to them. An estate
may be probated even if there is no will.
PROBATE ESTATE
All the assets owned at death that require some
form of legal proceeding before title may be
transferred to the proper heirs. Property that passes
automatically at death (property
in trust, life insurance proceeds, property in a “payon-death” account or property held in joint tenancy)
authorities refer to the written legal argument given
to support a request fora motion. It includes
references to past cases, statutes, and other
statements of law to give added emphasis to the
legality of the motion being requested.
POWER OF ATTORNEY
A written legal document that gives an individual
the authority to act for another.
PRAYER
That portion of a petition or complaint that sets
forth the requested relief or damages to which the
petitioner or plaintiff deems himself/herself entitled.
PREDECEASED SPOUSE
The term applied to a spouse who has died before
the decedent while married to him or her.
PRETERMITTED HEIR
A child or spouse who, under certain circumstances,
is not mentioned in the will and who the court
believes was
accidentally overlooked by the testator when
making his/her will. If the court determines that an
heir was pretermitted, that heir is entitled to receive
the same share
of the estate as he/she would have had the testator
died intestate.
PRO TEMPORE
From the Latin: “for the time being” or
“temporarily;” a referee or commissioner sitting
temporarily and provisionally for a judge; same as
pro tem.
PUBLIC ADMINISTRATOR
A publicly appointed person who handles the
administration of an estate when no other person
has been appointed as executor or administrator.
PUBLIC GUARDIAN (PUBLIC
CONSERVATOR)
An appointed or elected county officer (and staff)
authorized by law to serve as guardian or
conservator.
PUBLIC RECORD
A court record available for inspection by the
general public. (Compare confidential record, sealed
record.)