Estate planning involves specialized terminology that confuses most people encountering it for the first time. Understanding these terms helps you participate more effectively in planning discussions and make informed decisions about your family’s future. Our friends at Sahyers Firm LLC discuss how demystifying legal language empowers clients to engage meaningfully in the planning process. A probate lawyer should explain these concepts clearly so you genuinely understand what documents do and how strategies work.
We’ve defined eight terms you’ll encounter frequently during estate planning.
A testator (male) or testatrix (female) is simply the person who creates a will. Modern usage typically uses “testator” regardless of gender. When you sign your will, you become the testator.
This term appears throughout will documents and probate proceedings. Knowing it means you refers to the person whose will is being discussed helps you follow legal conversations more easily.
An executor (also called personal representative in some states) manages your estate after death. This person gathers assets, pays debts and taxes, and distributes property to beneficiaries according to will terms.
Executors have substantial responsibilities including:
According to executor responsibility guidance, this role requires organization, honesty, and significant time commitment.
A trustee manages assets held in trust. You typically serve as trustee of your own revocable living trust during your lifetime. Successor trustees take over when you die or become incapacitated.
Trustees have fiduciary duties to manage trust assets prudently, follow trust instructions, and act in beneficiaries’ best interests. Poor trustee performance can result in personal liability for losses.
Beneficiaries are people or organizations who receive assets from your estate. Primary beneficiaries inherit first. Contingent beneficiaries inherit if primary beneficiaries predecease you.
You name beneficiaries in wills, trusts, and on accounts like life insurance and retirement plans. Keeping beneficiary designations current prevents unintended inheritance results.
Per stirpes is a Latin term meaning “by branch” or “by representation.” It determines how assets distribute if beneficiaries predecease you.
Under per stirpes distribution, if your child dies before you, that child’s share passes to their children (your grandchildren) rather than being redistributed among your surviving children. This approach keeps inheritance within family branches.
The alternative, per capita distribution, divides assets equally among all living descendants at the same generation level.
Probate is the court-supervised process of administering estates after death. Courts validate wills, authorize executors, oversee asset distribution, and resolve creditor claims.
Probate serves important purposes but creates delays and expenses many families prefer to avoid. Living trusts and other strategies allow assets to pass outside probate entirely.
A fiduciary is anyone with legal responsibility to act in another person’s best interests. Executors, trustees, agents under powers of attorney, and guardians all serve as fiduciaries.
Fiduciary duties include:
Breaching fiduciary duties can result in personal liability, removal from position, and sometimes criminal prosecution.
A power of attorney is a legal document authorizing someone to act on your behalf. Financial powers of attorney allow agents to manage money and property. Healthcare powers of attorney authorize medical decisions.
Powers of attorney can be immediate (effective when signed) or springing (effective only upon incapacity). Most estate planning uses durable powers of attorney that remain effective during incapacity.
Without powers of attorney, families must petition courts for conservatorship or guardianship to help incapacitated individuals. These court proceedings cost thousands and create ongoing supervision requirements.
Estate planning involves many other specialized terms. Some you might hear include:
Understanding estate planning language helps you participate actively in planning discussions. You can ask better questions, understand recommendations, and make informed decisions when you know what terms mean.
Don’t hesitate to ask attorneys to explain unfamiliar terms. Good attorneys translate legal jargon into plain language automatically, but if something remains unclear, speak up until you genuinely understand.
Estate planning terminology seems foreign initially, but these terms become familiar through planning discussions. Focus on understanding concepts rather than memorizing definitions. Ask questions when confused. Request examples that illustrate how terms apply to real situations.
The goal isn’t becoming a legal scholar but rather understanding your own estate plan well enough to make informed decisions and communicate effectively with your attorney.
Estate planning should never feel like trying to decode a foreign language. We explain legal concepts in everyday terms that make sense to people without law degrees. Understanding what documents do and how strategies work helps you make better decisions about protecting your family and assets. Contact us to discuss your estate planning needs with clear communication, patient explanation, and genuine attention to helping you understand how we can protect what matters most to you and your loved ones.
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Ms. Katje earned her Juris Doctorate at California Western School of Law, San Diego, California, graduated Cum Laude and was a Dean’s Honor List recipient. She was also a recipient of the American Jurisprudence Award in Contracts I and Contracts II. Ms. Katje was a member of the Law Review and International Law Journal at California Western School Law, where she was an Associate Editor.
