Probate
The court process for proving a will, appointing someone to handle the estate, paying valid debts, and transferring probate property.
Learn
Probate terms
Plain English
You'll see these terms in court forms, bank requests, and estate records.
Probate language can make a simple task feel heavier than it is. This glossary explains the terms first-time executors tend to run into while gathering records, talking to banks, and preparing Texas probate filings.
Will
A legal document that says who should receive property after death and who should serve as executor.
Executor
The person named in a will and approved by the court to collect estate property, pay valid debts, keep records, and distribute what remains.
Administrator
The person a court appoints to handle an estate when there is no named executor, no valid will, or the named executor cannot serve.
Beneficiary
A person or organization named in a will, trust, account, or policy to receive property or money.
Heir
A person who may inherit under state law when property is not controlled by a valid will or beneficiary designation.
Glossary
Common probate and estate settlement terms
Affidavit of heirship
A sworn statement used to document family history and heirship, often for real estate records when a full probate case is not opened.
Bond
A court-required financial guarantee that protects the estate if the person handling it misuses estate property.
Community property
Property a married couple owns under Texas marital-property rules. It often affects what passes to a surviving spouse or heirs.
Creditor claim
A request for payment from someone who says the estate owes money, such as a lender, medical provider, or contractor.
Decedent
The person who died. Probate filings use this word instead of the person's name in many headings and forms.
Dependent administration
A court-supervised probate process where the administrator needs court approval for many estate actions.
Devisee
A person or organization that receives property under a will. Some Texas probate forms use this term instead of beneficiary.
Estate
The property, money, debts, records, and legal interests left after someone dies.
Fiduciary duty
The legal duty to act for the estate and its beneficiaries, not for your own benefit.
Homestead
A primary residence that can receive special protection under Texas law. It can affect creditor claims and surviving-family rights.
Independent administration
A Texas probate process where the executor or administrator can handle many estate tasks with less day-to-day court supervision.
Intestate
A person dies intestate when they die without a valid will. Texas law then controls who inherits probate property.
Inventory, appraisement, and list of claims
A probate filing that lists estate assets, estimated values, and claims owed to the estate.
Letters of administration
Court-issued proof that an administrator has authority to act for the estate.
Letters testamentary
Court-issued proof that an executor named in a will has authority to act for the estate.
Muniment of title
A Texas probate option that admits a will to probate mainly to transfer title, often when no full administration is needed.
Nonprobate asset
Property that usually passes outside probate, such as a life insurance policy, retirement account, payable-on-death account, or jointly owned asset with survivorship rights.
Personal representative
A general term for the executor or administrator who has authority to act for the estate.
Self-proving affidavit
A notarized statement attached to a will that can make it easier to prove the will in court.
Separate property
Property owned before marriage, received by gift or inheritance, or treated as separate under Texas marital-property rules.
Small estate affidavit
A simplified Texas procedure for certain estates with limited probate assets and no will.
Testate
A person dies testate when they leave a valid will.
Let's take the next step together.
Answer a few questions about your situation, and we'll help you through what comes next.
Get started free