Probate and Estate Planning Terms Explained

Legal terms and language can be confusing. There is no doubt about that!  However, as the person responsible for administering a probate or trust estate, it is important that you understand what the terms mean.  That way you can have more meaningful conversations with your attorney and/or real estate professional.

We have put together some of the most common terms used in Missouri and Kansas in what we think is an easy-to-understand format. This information is being provided without warranty or guarantee of accuracy and is in no way intended to be construed as legal advice. Always consult your attorney  for important decisions regarding estate or probate issues.

What is Probate

Probate is a legal procedure, supervised by the Probate Court, which transfers ownership of assets from a person that has passed (the Decedent) to those named in the decedent’s will, or in the event there is no will, to the decedents heirs of law.

Types of Probate

Intestate:  A person died without making a will.

Testate:  A person died leaving a will.

Independent Administration:  A less formal probate procedure which eliminates the need for close court supervision. This procedure is used when a will is present and all beneficiaries are in agreement.

Supervised Administration:  Probate procedure where court closely monitors all activities of the estate where court must approve all actions of the Personal Representative. Final accountings must be presented and approved by the court.

Determination of Heirship: Procedure to determine the rightful ownership when, after a year, no will has been presented and no estate opened.

Refusal of Letters:  A process for filing an application to transfer a deceased person’s personal property, such as a car, with a value of $15000 or less.

Small Estate Affidavit:  A streamline process for estates of $40,000 or less.

The Parties Involved

Administrator:  Another name for a Personal Representative.

Claimant: The creditor; the person or entity that filed a claim against the estate.

Decedent:  The person who has passed away.

Devisee:  Person or entity (such as a charity) named in a will to receive property.

Distributee:  Person or entity that receives a distribution or portion of the estate.

Executor:  Another name for a Personal Representative.

Heir:  A person legally entitled to receive property in an intestate (no will) estate as determined by the state’s statute of intestate succession.

Personal Representative:  That person appointed by the court to be in charge of the administration of a probate estate.

Common Probate and Estate Terms

Claim:  A perceived debt or liability owed by the decedent at the time of death.

Joint Tenancy with Rights of Survivorship (JTROS): A form of ownership where two or more persons jointly own an asset and upon death, the portion of the decedents ownership transfers to surviving owners without a court proceeding.

Letters of Administration: The official document issued by the probate court appointing a personal representative of an intestate’s estate (no will).

Letters Testamentary: The official document issued by the probate court appointing the personal representative of a testate estate (with a will).

Notice to Creditors:  Written notification to all possible creditors that the decedent has passed, with directions and timeline for creditors to come forward with a claim.

Ways to Transfer Ownership Upon Death Without Probate

Beneficiary Deed: A document which transfers ownership of real estate from owner to intended beneficiary upon the owner’s death, thus avoiding probate.

Payable on Death (POD):  A beneficiary designation on certain assets which allows ownership to pass to its intended recipient immediately upon death and bypass any probate proceeding.

Transfer on Death (TOD):  A beneficiary designation on certain assets which allows ownership to pass to its intended recipient immediately upon death and bypass any probate proceeding.

Trust:  Legal document prepared, usually with the intent to avoid probate.