This wills and probate glossary explains the most important words and phrases in estate planning — from “probate” and “executor” to “intestate,” “living trust,” and “elective share” — in plain English. Use the search box or the A–Z filter to find any term fast, then tap it to read a clear, jargon-free definition. Many entries link straight to our in-depth 50-state guides so you can see how the rule works in your state.
Why a Wills and Probate Glossary Matters
Settling an estate or planning your own means signing documents and reading court notices full of legal language that can feel designed to confuse you. A clear wills and probate glossary turns that wall of jargon into plain English, so you can understand exactly what each term means for you and your family. Whether you have just lost a loved one, been named an executor, or simply want to understand your options before writing a will, knowing the right words is the first step. Every definition in this wills and probate glossary focuses on what the term means in real life, not on abstract legal theory.
Estate law in the United States is set mostly at the state level, which is why the same word can carry different weight depending on where you live. The share a surviving spouse automatically inherits, the dollar limit for a “small estate,” and how long probate takes all change from state to state.
That is why this glossary pairs simple definitions with links to our detailed 50-state guides, so you can move from understanding a term to seeing how it actually works in your own state. Start with the word here, then follow the link to the exact rules where you live.
The Most Important Estate Terms to Learn First
If you only learn a handful of terms from this wills and probate glossary, start with these. Probate is the court-supervised process of validating a will, paying debts, and distributing property; how long and costly it is depends entirely on your state. Intestate means dying without a valid will, in which case state law — not your wishes — decides who inherits. An executor (or administrator when there is no will) is the person who actually settles the estate, and a beneficiary is anyone named to receive something from it.
On the planning side, the key terms are will, living trust, and power of attorney. A will states who gets your property and who cares for your children; a living trust can pass assets to your heirs without probate; and a power of attorney lets someone handle your finances if you cannot. Around taxes, watch for estate tax, inheritance tax, and step-up in basis, which together explain why most families owe nothing but some pay more depending on their state. Understanding these core terms gives you the foundation to use the full glossary below with confidence.
For official federal guidance on estate and gift tax, you can also consult the IRS Estate Tax resources and the plain-English legal definitions at the Cornell Legal Information Institute. These national resources complement the state-specific guidance linked throughout this wills and probate glossary.
How to Use This Wills and Probate Glossary
This wills and probate glossary is built for families, not lawyers. Every definition is written in everyday language and focuses on what a term actually means for you. Type any word into the search box to filter instantly, or click a letter to jump to that part of the alphabet. Grey letters have no entries. Each term carries a colored tag showing its topic — wills, probate, trusts, tax, or the people involved — so you can see at a glance what area of estate law it belongs to.
Because estate law is set mostly at the state level, the exact rule behind many of these terms changes depending on where you live. Wherever a term connects to a bigger topic, the definition links to our detailed 50-state guide for wills by state, the probate process, dying without a will, estate and inheritance tax, small estates, and trusts. Start with the term here, then follow the link to see how your state handles it.
This wills and probate glossary is provided for general informational purposes only and is not legal or tax advice. Definitions are simplified for everyday readers, and the law varies by state and changes over time. For advice about your specific situation, consult a licensed attorney or your local probate court’s self-help center. Last reviewed June 2026.