Estate Planning and Probate Terms in Plain English

Wills, trusts, probate, power of attorney — the legal vocabulary that protects your family and your assets.

1. 1
   Probate

   The court process of validating a will and distributing a deceased person's estate.
2. 2
   Intestate Succession

   The legal process of distributing a deceased person's property when they leave no valid will.
3. 3
   Elective Share

   A surviving spouse's right to claim a portion of the deceased spouse's estate despite the will.
4. 4
   Power of Attorney

   A legal document authorizing someone to act on your behalf in financial or medical decisions.
5. 5
   Living Will

   A document stating your wishes about life-sustaining medical treatment if you become unable to communicate.
6. 6
   Guardianship

   A court-ordered arrangement where one person has legal authority to care for another who cannot care for themselves.
7. 7
   Executor

   The person appointed to carry out the instructions in a will.
8. 8
   Beneficiary

   A person or organization entitled to receive money or property from a trust, will, or insurance policy.
9. 9
   Revocable Trust

   A trust that the grantor can modify, amend, or terminate during their lifetime.
10. 10
    Irrevocable Trust

    A trust that cannot be changed, modified, or terminated once created without beneficiary consent.
11. 11
    Per Stirpes

    A way of dividing an inheritance by family branch, where each branch gets an equal share regardless of how many people are in it.

This guide is a plain-English reference and is not legal advice. Laws vary by jurisdiction and change over time. For specific situations consult a licensed attorney.