Learn About Estate Planning
for California Families
Everything you need to know about living trusts, wills, probate, and protecting your family's future — written in plain English.
Estate Planning Terms Explained
Legal jargon can be intimidating. Here are the key terms you'll encounter, explained in plain English.
Beneficiary
A person or entity designated to receive assets from a trust, will, or insurance policy.
Conservatorship
A court proceeding where a judge appoints someone to manage the personal care or finances of an adult who cannot manage their own affairs.
Decedent
The person who has died, whose estate is being administered.
Executor
The person named in a will to carry out its instructions and manage the estate through probate.
Fiduciary
A person or institution legally obligated to act in the best interest of another party (e.g., trustee, executor, agent).
Grantor / Trustor / Settlor
The person who creates a trust and transfers assets into it. These three terms are interchangeable.
Intestacy / Intestate
Dying without a valid will or trust. The estate is distributed according to California's default rules (Probate Code §6400).
Irrevocable Trust
A trust that generally cannot be changed or canceled once created. Often used for estate tax planning or asset protection.
Living Trust
A trust created during your lifetime (as opposed to a testamentary trust created by a will). Also called an "inter vivos" trust.
Notarization
The process of having a notary public witness and certify the signing of a legal document, adding an extra layer of authenticity.
Pour-Over Will
A will that directs any assets not already in your trust to be transferred ("poured over") into it after your death.
Power of Attorney
A legal document authorizing someone (your "agent" or "attorney-in-fact") to act on your behalf in financial or legal matters.
Probate
The court-supervised process of validating a will, paying debts, and distributing a deceased person's assets. In California, this is administered through the Superior Court.
Revocable Trust
A trust that can be changed, amended, or completely revoked by the person who created it at any time during their lifetime.
Successor Trustee
The person who takes over managing the trust if the original trustee dies, resigns, or becomes incapacitated.
Testamentary Trust
A trust created by the terms of a will and only takes effect after the will-maker's death.
Trustee
The person or institution responsible for managing the trust assets according to the trust's terms.
Frequently Asked Questions
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