What are the definitions of some frequently used terms in probate law?

The probate process is used to will your assets to someone else when you die, and to have the wishes in your will carried out. When you write a will, you must do so based on specific rules set by your state. Usually, those rules involve having witnesses and signing your will when you are of sound mind and body.

After your death, the will you wrote will be probated. This means it will move through a legal process during which time your assets are distributed as you directed and during which time taxes are assessed and others are given an opportunity to object to the will. When writing a will or inheriting from a will, it's natural to be confused about all the technical probate terms involved in the process.

Here are a few probate definitions you might encounter during the probate process, along with their definitions:

• Administrator - An administrator is the person who has been selected by the probate court to collect and distribute or sell the estate items, with the approval of the court. 
• Executor - The executor does the same thing as an administrator, however, the executor is selected by the drafter of the will.  
• Testator - The testator is the person who wrote the will, determined who was in it and what was bequeathed to them. 
• Trust - If the testator decides not to use probate or court processes, he can draft in his will that his estate is a trust, meaning it will be passed into the hands of his family without court process taking place.  

If you require more information or need to look up definitions for additional probate terms, your public library or local law library are excellent resources at your disposal. You can also find a reliable probate dictionary through online law reference guides by entering the terms “probate definitions” into your chosen online search engine. If you need further clarification about the probate process, contact a probate attorney. Your probate attorney can guide you and explain unfamiliar legal terms to you.