Plain English

Probate terms & definitions

The words you’ll run into as an executor or heir, explained simply. If something here still isn’t clear, ask me — no charge.

Probate

The court-supervised process of settling a deceased person’s estate — validating the will (if any), paying debts and taxes, and transferring what’s left to the heirs. In California it runs through the Superior Court in the county where the person lived.

Personal representative

The person the court authorizes to manage the estate. Called an executor when named in a will, or an administrator when there’s no will. They have the legal power — and duty — to handle estate property, including the house.

Executor

The personal representative named in the will to carry out its instructions and manage the estate through probate.

Administrator

The personal representative appointed by the court when there is no will, or the named executor can’t serve.

Letters

Short for Letters Testamentary (with a will) or Letters of Administration (without one) — the court document proving you’re authorized to act for the estate. A title company or agent will ask to see them before a sale.

Full authority

Authority under the Independent Administration of Estates Act (IAEA) that lets the personal representative sell the home without a court confirmation hearing — usually just a Notice of Proposed Action to the heirs. Faster and simpler.

Limited authority

Authority that requires court confirmation of the sale, including a hearing and the possibility of overbidding. More steps, but common and very workable with the right preparation.

Notice of Proposed Action

A written notice the personal representative with full authority sends to the heirs before selling. If no one objects within the notice period, the sale can close without a hearing.

Court confirmation

The hearing where a judge approves a sale made under limited authority. The property is sold subject to the court’s approval, and other buyers may show up to overbid.

Overbid

At a confirmation hearing, other buyers can bid above the accepted offer. California sets the first minimum overbid by formula (roughly 10% of the first $10,000 plus 5% of the balance above that). Your agent should prepare you for it.

Independent Administration of Estates Act (IAEA)

The California law that grants full or limited authority, letting many estates sell property with less court involvement.

Trust / successor trustee

If the home was held in a living trust, it usually avoids probate entirely. The successor trustee named in the trust can sell it directly, following the trust’s terms.

Heir / beneficiary

The people entitled to inherit — under the will, the trust, or California’s intestacy rules if there’s neither.

Date-of-death value

The property’s fair market value on the day the owner died. It matters for taxes and for the stepped-up basis, and a comparative market analysis can document it.

Stepped-up basis

For tax purposes the home’s cost basis generally ‘steps up’ to its date-of-death value, which can greatly reduce capital-gains tax when the estate or heirs sell. Confirm specifics with a CPA.

Comparative market analysis (CMA)

An agent’s analysis of what the home is worth now, based on recent comparable sales nearby, current competition, and days on market. Useful for pricing and for the court and heirs.

Simplified procedures

California offers faster paths for smaller estates — a small-estate affidavit or spousal petition — that can avoid full probate when the estate’s value is under the current threshold. Ask an attorney whether you qualify.

As-is sale

Selling the property in its current condition, without the estate making repairs. Common in probate; buyers price the home accordingly, and required disclosures still apply.