Common Terms Defined

Administrator or administrix

An individual authorized by a probate court to administer an estate of an individual who is not also named in the will to administer the estate.

Decedent

Person who has died.

Dependent Administration

The collection of assets, payment of debts, and distribution to beneficiaries of probate property with substantial court oversight, usually resulting in substantial additional expense.

Independent Administration

Independent Administration: The collection of assets, payment of debts, and distribution to beneficiaries of probate property with minimal court oversight.

Intestate Succession

The priorities for the transfer of property of a decedent to others under Texas law when the decedent has not pre-determined who will obtain such property at death. Typically a spouse and children are first to receive such property and if no spouse and children, then the property goes to extended family as set forth in Sections 38 and 45 of the Texas Probate Code.

Joint Tenancy

Form of property ownership where two or more persons own property jointly. Such property must have a right of survivorship in order to allow non-probate transfer of such property to the other joint tenants at death without intervention of the Probate Court.

Living Trust

A trust created by a property owner during life wherein property is transferred to a trustee, in trust, for the benefit of certain beneficiaries. In a living trust, the property owner transfers the property to himself as trustee and at death or incapacity, a substitute trustee administers trust assets for the benefit of remaining beneficiaries. A living trust is a means of removing the trust property from the probate process and is favored by many for this reason.

Living Will

A medical power of attorney wherein an individual appoints another individual to make certain healthcare decisions for that person in the event that he or she is unable to make such decisions as a result of later incapacity.

Non-Probate Transfer

A transfer of property, usually at death, which is not subject to probate court oversight and probate regulations. An example is a banking account with a right of survivorship.

Probate Transfer

A transfer of property at death which is subject to probate court oversight and probate regulations. An example is property which passes under a will. Another example is property which passes to ones heirs at law when there is no will and the property is not non-probate property.

Testator

Person who creates a will.

Trust

A legal entity created by a property owner who then transfers ownership of certain property into the trust for the benefit of certain beneficiaries. A trust can be made effective immediately, upon the occurrence of a certain event, or upon death.

Trust Beneficiary

One who benefits from trust assets.

Trustee

Trustee: Individual or entity designated in a trust to manage the trust property.

Will Contest

A challenge to the validity of a will or portion thereof proposed for admission to probate.

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