ARB - Simplified Glossary of Probate Terms

This glossary provides simplified definitions of these words. It is not to be used for any legal purposes and is not a legal dictionary. ARB has explained these words to assist our clients.

ADMINISTRATOR - a person selected by the Court to probate an estate without a Will (see also Executor/Executrix).

ASSETS - has monetary value; can be sold for money or is money.
Real Property - this is real estate such as houses or land.
Personal Property - everything other than real estate (cash, bank accounts, stock, furniture, etc.)

DECEDENT - a person who has died.

DISTRIBUTION - at the end of the probate process, the assets (money) are given to the heirs who are entitled.

ENTITLED - persons who will receive assets from an estate; usually a Court gives an Order to name those who are entitled to inherit.

ESTATE - the things a person owns whether the person is living or dead.

EXECUTOR - a man selected by the Court to probate an estate when there is a Will. (A woman is referred to as Executrix.)

EXPERT- one qualified to testify in court; Mary Schwartz is qualified as an expert witness in matters relating to genealogy and heirship.

FEE- the amount paid for services.

CONTINGENT FEE - ARB works directly for heirs or is contacted by the estate to work on a contingent fee only. Paid only if the heir receives a distribution. There is no risk to the heir. Normal contingent fees range from 25% to 40%.
FLAT FEE - ARB works on behalf of the estate. Paid when information is provided whether or not there is any inheritance. Usually based on known information provided by the estate.
OTHER FEE - sliding scale; contingent or flat based on research results; results now, fee in future; or other options as needed for the special circumstances of unique cases.

FORENSIC - something for court use; a forensic genealogist produces genealogical documentation and testimony to be used by courts in determining heirship and entitlement of heirs. ARB staff have qualified to present evidence as forensic genealogists.

HEIR - one who may inherit in an estate.

MISSING HEIR
The estate knows of the heir, but cannot locate the heir.
The estate knows of the heir, but believes the heir is not entitled.
The estate knows of some heirs, but is unaware that there are additional heirs.
In each example, the heir will not receive their inheritance unless a specialist such as ARB is able to locate the heir and establish to the satisfaction of the court the identity of the heir and that the heir is entitled to inherit.
UNKNOWN HEIR
The estate knows of no relatives of the decedent.
Perhaps the decedent left a Will, but all immediate family members named in the Will are deceased and no records are available to the estate to find the more distant next-of-kin. Sometimes there is no Will and little information about the decedent or any family members. A specialist such as ARB will conduct genealogical research to identify all next-of-kin of the decedent.

HEIRS-AT-LAW - the relatives of a person; usually refers to relatives of a person who has died.

HEIRSHIP ORDER (also known as KINSHIP) - an order from a Court naming the relatives who are ENTITLED to inherit and the SHARE each relative is to receive.

INHERIT - receive something from a person (usually after the person is deceased).

INHERITANCE - that which is received.

INTESTATE - without a Will.

LEGATEE - a person named in a Will; this may or may not be a relative of the deceased person.

MASS MAILING - letters sent to groups of people, such as everyone of a certain name. These mailings often involve payment of some fee (for example $29.95) for information about the family or information about assets. In many cases, this type of mailing involves some form of fraud or misinformation.

ARB does not ever send out mass mailings.
ARB does not contact a person and then try to find an inheritance for that person.

PERSONAL EFFECTS - personal belongings (such as clothing, pictures, mementos); personal effects may have little value as "assets," but may be important to relatives.

PROBATE - the process of settling an estate through the court. After a person has died the Court must determine the assets (what that person owned) and who should receive those assets.

SHARE - the part of an estate which an heir will receive. The number of shares is not the same as the number of heirs as some heirs may receive only part of a share. When heirs are not all related in the same way, some may receive shares "by representation." The laws are different in each state as to how shares are determined.

Example of representation under California law.
There are four sons of the deceased person; there are no daughters; there is no wife.

Each son would be entitled to one-fourth of the estate Two sons are living. They each will receive one-fourth of the estate. One son died and left one child. That grandchild will receive one-fourth of the estate. One son died and left two children. Each of the grandchildren will receive one-eighth of the estate.

SIBLING - a brother or sister.

TESTATE - there is a Will.