Say What? Probate Terminology Defined

You’re here because a loved one has died, and suddenly you’re hearing words like “heirship,” “letters,” and “inventory.” Lawyers use a lot of technical words when talking about probate because legal precision is important for the work we do. But most people only see these terms when a family member has died, which is the hardest time to learn a new vocabulary. I’ll explain these terms in plain English and point out where they show up in Texas and North Carolina estates.

The Basics

Decedent: The person who has died.

Probate: The court process that confirms a Will is valid, gathers the decedent’s assets, pays enforceable debt, and then passes what remains to the right people. Many people use “probate” to describe the whole estate process from start to finish.

Probate Court: The court that oversees estates. In Texas, probate is handled in county probate courts or county courts at law. In North Carolina, the clerk of superior court oversees probate.

Estate: Everything the decedent owned at the time of their death, from the house and car to bank accounts and personal items.

Will: A legal document that outlines who will receives property after death. Most Wills also name guardians for minor children and choose an Executor to settle the estate.

Testator or Testatrix: The person who signs the Will. Testator is often the term used for a man who signs a Will; Testatrix is the term used for a woman.

Who’s In Charge

Executor or Executrix: The person named in the Will to settle the decedent’s estate. The court gives this person legal authority by issuing Letters Testamentary. With those Letters, the Executor can collect accounts, sign documents, and take care of business for the estate.

Administrator or Administratrix: If there’s no valid Will, or the named Executor can’t serve, the court appoints an Administrator and issues Letters of Administration to authorize that role.

Personal Representative: A catch‑all term for both Executors and Administrators. You may see it on forms and court notices.

Beneficiary: A person or organization that receives property under a Will or trust.

Heir: A person who inherits under state law when there isn’t a valid Will.

Intestate: Dying without a Will.

Intestate Succession: The statute that decides who inherits when there’s no Will. It follows a family tree, not verbal promises.

How Much Court Involvement

Independent Administration: In Texas, once the personal representative qualifies, many routine steps can happen without constant court approval. That usually saves time and money. North Carolina allows many actions without repeated hearings as well, although inventories, notices, and accountings are still required.

Dependent Administration: The court reviews and approves many steps, such as sales of property and certain debt payments. This adds protection in a disputed or complex estate, but it takes longer and costs more.

Notice to Creditors: A required notice that tells creditors to present claims by a deadline. It helps the personal representative identify debts before making final distributions.

Inventory, Appraisement, and List of Claims: A sworn list of the estate’s probate assets and their values. It keeps everyone informed about what is being administered.

Accounting: A report of money received, bills paid, and distributions made. It shows that the estate has been handled properly.

What Goes Through Probate, And What Skips It

Probate Assets: Property titled only in the decedent’s name with no beneficiary or survivorship feature. Think of a house in one name, a vehicle, or an individual bank account without a pay‑on‑death designation.

Non‑Probate Assets: Property that transfers by contract or title. This includes life insurance, retirement accounts like 401(k)s and IRAs, payable‑on‑death or transfer‑on‑death accounts, and property owned with right of survivorship. These assets don’t need a court order to change hands, but they still count when thinking about taxes, creditor issues, and family protections.

How This Looks In Real Life

Will or no Will: Cara leaves a valid Will naming her brother as Executor and leaving gifts to her children. The court issues Letters Testamentary, her brother gathers assets, publishes the creditor notice, pays approved claims, and then makes distributions according to the Will. If Cara had died without a Will, the court would appoint an Administrator, and the state’s intestacy law would control who inherits. The outcome may be very different from what she wanted.

Probate and non‑probate together: David names his spouse as beneficiary of his life insurance and 401(k). Those pass directly to the spouse as non‑probate assets. He also owns a truck and a savings account in his name alone. Those are probate assets. The Executor would use Letters Testamentary to retitle the truck and close the account, then follow the instructions in the Will to distribute that property.

Independent or dependent: Elena’s family gets along and communicates well. Independent administration lets the Executor handle routine steps without frequent court orders, which keeps things moving. In a contested estate, dependent administration may be required so the court can review major decisions along the way.

Texas And North Carolina Notes

Texas small‑estate tools: If someone dies without a Will and leaves a modest estate that is mostly a homestead and personal property, a Small Estate Affidavit can help heirs receive assets more quickly when legal requirements are met. Another option, Muniment of Title, allows a court to admit a Will to probate without appointing an Executor when there are no unpaid debts other than those secured by real estate. The court order acts like a bridge to clear title.

North Carolina highlights: The clerk of superior court oversees estates. A surviving spouse and minor children may claim a Year’s Allowance from estate assets. North Carolina also recognizes a surviving spouse’s elective share, a statutory right that can adjust distributions whether or not there is a Will.

A Kind Final Word

Learning the vocabulary takes some of the fear out of the process. If you’re putting your plan in place, or you’ve just been named as an Executor or Administrator, we can talk through your situation and choose a path that’s respectful, efficient, and legally sound. When you’re ready, reach out, and we’ll walk through it together.