I hope this guide helps you feel a little more comfortable with the next steps. If you’d like to talk about the house, I’m happy to help.
Jolene Baijot | Real Estate Agent, CPRES, ABR · Updated September 2026
If you are helping settle an estate, you may be coming across words you have never needed before. I put this glossary together so you can look them up without getting lost in legal language. The terms are in alphabetical order, with links to more detailed guides where they may help.
A to C
Administrator
The person the court appoints to settle an estate when there is no will. An administrator has the same job as an executor. See executor vs. trustee.
Ancillary Probate
A second probate in another state, needed when the person owned real estate there. It follows the main probate in the state where they lived.
Beneficiary
A person or organization named to receive property from a will, trust, life insurance policy or account.
Bequeath
Bequeath means to leave property to someone in a will. It is a verb. The past tense is bequeathed, as in “she bequeathed the family home to her daughter.”
A few more examples of bequeath in a sentence:
“He bequeathed his coin collection to his grandson.”
“My parents bequeathed the lake cabin to all three of us.”
“You can bequeath personal property, money or real estate.”
Synonyms for bequeath include leave, will, pass on, hand down and give by will. Strictly speaking, bequeath refers to personal property like money, jewelry or furniture, and devise refers to real estate, though in everyday use most people say bequeath for both.
Bequeathing is the act of leaving something in a will, as in “she is bequeathing the house to her children.” To define bequeathed simply: left to someone in a will.
One person bequeaths a gift, and the other inherits it. Bequeath describes leaving something to someone in a will. Inherit describes receiving it.
Bequest
The gift itself that is left in a will. If your aunt bequeathed you her piano, the piano is the bequest.
Bequest vs. inheritance: a bequest is what a person leaves in their will, and an inheritance is what an heir receives, whether through a will or through state law.
Certification of Trust
A short summary of a trust that confirms it exists, names the current trustee and shows their authority to sell. Title companies use it instead of reading the whole trust. Some states call it a certificate or abstract of trust. See selling a house in a trust.
Codicil
A written amendment to a will that changes or adds to it without replacing the whole document.
Court Confirmation
A hearing where a probate judge approves the sale of estate property. Some states and estates require it, and some allow other buyers to bid at the hearing. See selling a house in probate.
Creditor Claim Period
The window creditors have to file claims against an estate after notice is given, commonly three to six months depending on the state. See how long probate takes.
D to I
Date of Death Value
What a property was worth on the day the owner passed away, usually documented by a professional appraisal. It is used for the estate inventory and to set the heirs’ tax basis.
Decedent
The legal term for the person who has passed away.
Devise
To leave real estate in a will, or the real estate gift itself. The person who receives it is the devisee.
Estate
Everything a person owned at death, including real estate, accounts, vehicles and belongings, along with their debts.
Executor
The person named in a will to settle the estate once the court appoints them. See executor vs. trustee.
Fiduciary
Someone legally trusted to manage property for others, such as an executor or trustee. Fiduciaries must act in the beneficiaries’ best interest.
Heir
A person entitled by state law to inherit from someone who passed away, usually close family. People named in a will are more precisely called beneficiaries, though most people use the words interchangeably.
Heir Property
Real estate inherited by several family members together, often without a will or a probate to clear the title. Heir property can be sold once the heirs or the court establish who owns it and who can sign.
Intestate
Dying without a valid will. When someone dies intestate, state law decides who inherits through what is called intestate succession, usually starting with a spouse and children.
Irrevocable Trust
A trust that generally cannot be changed once it is created. A trustee can often sell a house held in one when the trust allows it.
L to P
Letters Testamentary
The court document that officially appoints an executor and lets them act for the estate, including selling the house. When there is no will, the court issues letters of administration instead.
Nonintervention Powers
In Washington, authority that lets a personal representative settle the estate, including selling real estate, without court approval for each step. Other states have similar independent administration rules.
Personal Representative
The official title in many states, including Washington, for the person settling an estate. It covers both executors and administrators.
Pour Over Will
A will that moves any property left outside a trust into the trust after death.
Power of Attorney
A document that lets someone act for a person during their lifetime. It ends at death.
Probate
The court process that confirms a will, appoints an executor, pays debts and passes property to the heirs. In real estate, probate refers to selling a home that is part of a deceased person’s estate.
Probate Listing
A home listed for sale by an estate during probate. The listing usually notes when the sale is subject to court confirmation.
Probate Sale
The sale of real estate by an executor or administrator on behalf of an estate. See selling a house in probate.
R to W
Revocable Living Trust
A trust created during someone’s lifetime that they can change at any time. Property titled in it usually passes without probate.
Small Estate Affidavit
A simplified way to collect a smaller estate’s property without full probate. Each state sets its own limits, and many do not allow it for real estate.
Stepped Up Basis
The tax rule that usually resets inherited property’s cost basis to its value at the date of death, which can greatly reduce capital gains tax when heirs sell. A CPA can confirm how it applies. Learn more from the IRS.
Successor Trustee
The person named to take over a trust when the original trustee passes away or can no longer serve.
Testate
Dying with a valid will. The opposite of intestate.
Transfer on Death Deed
A deed, available in many states, that names who receives a home at the owner’s death without probate. Arizona calls it a beneficiary deed.
Trust Sale
The sale of real estate held in a trust, signed by the trustee. See selling a house in a trust.
Trustee
The person who manages a trust and its property under the trust’s instructions.
Will
A legal document stating how a person wants their property distributed and who should serve as executor.
For more detail, you may also like my posts on what a probate listing is, how to find a good probate attorney and the first week after inheriting a house.
About the Author
Jolene Baijot is a real estate agent and Designated Broker with more than 25 years of experience and over 1,000 transactions. She holds the Certified Probate Real Estate Specialist (CPRES) and Accredited Buyer’s Representative (ABR) designations and helps families, executors and trustees sell inherited homes. Learn more about how Jolene helps with probate and trust sales.
Have a Question About an Inherited Home?
If you are wondering what a term means for the home you inherited, we can talk through the real estate questions together. Schedule a free 15 minute call to talk it through.
These definitions are general real estate information. An estate attorney can explain how each term applies in your state.