Glossary of California probate and trust terms

A

Accounting

The written report a trustee or personal representative provides showing receipts, disbursements, and the property on hand. Beneficiaries are generally entitled to one.

Administrator

The person appointed by the court to administer an estate when there is no will, or no executor named in it.

B

Beneficiary

A person or entity entitled to receive property under a trust, will, or beneficiary designation.

Breach of fiduciary duty

A trustee or personal representative failing to meet a duty the law imposes — loyalty, impartiality, prudent administration, or the duty to account.

C

Creditor claim period

The four-month window under Probate Code §9100 during which creditors of an estate must present claims.

I

Intestate succession

The statutory order in which property passes when a person dies without a valid will.

L

Letters Testamentary

The court document that gives an executor authority to act for the estate.

N

No-contest clause

Trust or will language disinheriting a beneficiary who challenges the instrument and loses. Enforceable in California, subject to a probable-cause safe harbour.

P

Personal representative

The umbrella term for an executor or administrator appointed to administer a probate estate.

S

Settlor

The person who creates a trust. Also called a trustor or grantor.

Successor trustee

The person who takes over administration of a trust when the original trustee dies, resigns, or becomes unable to serve.

U

Undue influence

Excessive persuasion that overcomes a person’s free will and causes inequity, as defined in Welfare & Institutions Code §15610.70.