Glossary of Terms

A

Administrator A person appointed by a Florida probate court to handle the estate when there is no valid will or when the named executor cannot serve. The administrator performs the same duties as a personal representative.

Affidavit A written statement made under oath, used in probate to confirm facts such as death, heirs, or asset information.

Appraisal An official estimate of an asset’s value (such as real estate, jewelry, or vehicles) to determine its worth for the estate inventory.

Assets All property, money, and possessions owned by the person who died — including bank accounts, real estate, stocks, and personal items.

B

Beneficiary A person or organization named in a will or trust to receive property or money from the deceased’s estate.

Bond A type of insurance required by the Florida probate court to protect the estate against mistakes or misconduct by the personal representative.

C

Claim A request made by a creditor or another party to be paid money from the estate of the deceased.

Codicil A legal document that changes or adds to a will without replacing the entire document.

Contested Will A will that is being challenged in Florida probate court — often because someone believes the will is invalid or unfair.

Creditor A person, business, or organization owed money by the deceased.

D

Decedent The legal term for the person who has died.

Deed A legal document that transfers ownership of real estate. Florida probate often requires new deeds when property passes to heirs.

Descendant A child, grandchild, or great-grandchild of the deceased.

Distributee A person entitled to inherit from an estate under Florida intestate law (when there is no will).

E

Estate Everything the deceased owned or owed — all property, money, debts, and obligations that must be handled during probate.

Executor Another term for “personal representative.” In Florida, the law uses “personal representative,” but both mean the person responsible for managing the estate.

Ex Parte A legal motion or request made by one party without notifying others, sometimes used for urgent probate matters.

F

Fiduciary Someone, like a personal representative or trustee, who must act in the best interests of others (the estate and its beneficiaries).

Formal Administration The standard type of Florida probate case for estates valued over $75,000 or involving real estate. It requires full court supervision.

G

Grant of Letters (Letters of Administration/Testamentary) Official documents issued by the Florida probate court giving the personal representative authority to manage the estate.

Guardian A person appointed to care for a minor child or an adult who cannot make their own legal or financial decisions.

H

Heir Someone entitled to inherit from a deceased person under Florida’s intestate succession laws when there is no will.

Homestead A primary Florida residence that receives special legal protection in probate — it cannot easily be sold or taken by most creditors.

I

Inheritance Money or property received from someone who has passed away.

Intestate When a person dies without a valid will.

Intestate Succession The order under Florida law determining who inherits when there is no will — typically spouse, children, parents, or other relatives.

Inventory A detailed list filed with the court showing all assets and their estimated values in the estate.

J

Joint Tenancy with Right of Survivorship A type of property ownership where the surviving owner automatically inherits the deceased’s share — this property usually bypasses probate.

Judicial Probate The court-supervised process for settling an estate, required for most Florida estates that exceed $75,000 or include real property.

L

Liabilities Debts or financial obligations owed by the deceased at the time of death.

Lien A legal claim on property to secure payment of a debt or judgment.

Living Trust A trust created during someone’s lifetime that can transfer assets outside of probate when the person dies.

Letters of Administration The official court order appointing a personal representative and giving them authority to act for the estate.

M

Marital Share (Elective Share) Under Florida law, a surviving spouse can claim a portion of the estate — typically 30% — even if not named in the will.

Minor A person under age 18 who cannot directly receive an inheritance without a guardian or trustee.

N

Notice to Creditors A public notice filed by the personal representative to inform creditors of the decedent’s death and give them a deadline to file claims.

Notice of Administration A document served to interested parties (such as heirs and beneficiaries) to officially notify them that probate has been opened.

O

Order of Distribution A final order issued by the Florida probate court approving how estate assets will be divided and distributed.

Omitted Heir A spouse or child who was unintentionally left out of the will and may still have inheritance rights under Florida law.

P

Personal Representative The person appointed by the court to manage and settle the estate. Florida uses this term instead of “executor” or “administrator.”

Petition for Administration A legal request filed to start the probate process in Florida.

Probate The court process of validating a will, paying debts, and distributing assets to heirs and beneficiaries.

Probate Court The Florida court (part of the Circuit Court system) that oversees estates, wills, and guardianships.

Probate Assets Assets that must go through the probate process, such as property owned solely by the decedent or without named beneficiaries.

R

Real Property Land and anything attached to it, such as a house or building, owned by the deceased.

Residuary Estate Whatever remains in the estate after debts, taxes, and specific gifts are paid.

Revocable Trust A trust created during life that can be changed or canceled at any time; it becomes irrevocable when the person dies.

S

Summary Administration A simplified Florida probate process for estates worth less than $75,000 or when the person has been deceased for more than two years.

Small Estate An estate small enough to qualify for summary administration or other simplified probate procedures.

Successor Personal Representative A person appointed by the court to replace a personal representative who can no longer serve.

T

Testament Another term for “will” — a legal document describing how property should be distributed after death.

Testate When someone dies leaving a valid will.

Trust A legal arrangement that allows one person (the trustee) to hold property for the benefit of another (the beneficiary).

Trustee The person responsible for managing the trust and following its terms.

U

Undue Influence When someone uses pressure, manipulation, or threats to cause another person to change their will or estate plan unfairly.

V

Valid Will A properly signed and witnessed will that meets all Florida legal requirements.

W

Will A legal document that explains how a person wants their property distributed after death and who will manage the estate.

Witnesses People who observe the signing of a will and confirm that it was signed voluntarily and correctly under Florida law.