Glossary of Terms

A – D

Administrator (or Personal Representative)

The person appointed by the court to manage and settle the estate of someone who has passed away. In Florida, this role is called a personal representative and involves gathering assets, paying debts, and distributing property to heirs.

Ancillary Probate

A secondary probate process that happens in Florida when someone who lived in another state owned property here. It ensures Florida assets are legally transferred to the rightful heirs.

Assets

Everything a person owns at the time of death — including money, property, vehicles, personal belongings, investments, and even digital accounts.

Beneficiary

Someone who is legally entitled to receive money or property from an estate, trust, or insurance policy.

Bond

A type of insurance the court may require from a personal representative to protect the estate from potential mistakes or misconduct.

Creditor

A person, business, or organization owed money by the deceased. Creditors must file claims during probate to be repaid from estate funds.

Decedent

The legal term for the person who has passed away.

Deed

A legal document that shows ownership of real estate. During probate, deeds are reviewed and transferred to heirs or buyers.

E – H

Estate

All of the property, money, and belongings a person leaves behind at death. The estate is what goes through probate.

Executor

Another word for personal representative or administrator — the person in charge of managing the estate through probate.

Fiduciary Duty

A legal obligation requiring someone (like a personal representative or trustee) to act in the best interests of the beneficiaries and the estate — not themselves.

Formal Administration

The full version of Florida probate used for larger or more complex estates (typically over $75,000). It involves court filings, notices, and approval for most estate actions.

Guardian

A person appointed by the court to make financial or personal decisions for someone unable to do so themselves — such as a minor child or incapacitated adult.

Heir

A family member who inherits from the estate under Florida law when there’s no will.

Homestead

A primary residence in Florida that receives special legal protection and exemptions during probate.

I – P

Inheritance

The money, property, or possessions passed on to heirs or beneficiaries after someone’s death.

Intestate

When a person dies without a will. In these cases, Florida law determines who inherits the estate.

Inventory

A list of everything in the estate, including property, accounts, and their estimated values, filed with the court.

Letters of Administration

Official court documents giving the personal representative the legal authority to manage and settle the estate.

Notice to Creditors

A public notice published in a local newspaper to inform potential creditors they have a limited time to file claims against the estate.

Personal Representative

The court-appointed individual responsible for managing the entire probate process — collecting assets, paying debts, and distributing inheritances. This is Florida’s term for what other states call an executor.

Petition for Administration

The document filed with the court to begin the probate process and request the appointment of a personal representative.

Probate

The legal process of transferring a deceased person’s assets to their heirs or beneficiaries, resolving debts, and closing the estate under court supervision.

Q – Z

Real Property

Land and any structures attached to it, such as homes or commercial buildings. Real property often requires special attention during Florida probate.

Summary Administration

A simplified, faster version of Florida probate used for smaller estates (under $75,000) or when the decedent has been deceased for more than two years.

Testamentary Trust

A trust created within a will that only takes effect after the person’s death.

Trust

A legal arrangement that holds and manages assets for beneficiaries. Trusts can help avoid probate and provide ongoing management of property.

Trustee

The person or institution responsible for managing a trust’s assets according to its terms and for the benefit of the beneficiaries.

Will (Last Will and Testament)

A legal document that states how a person’s assets should be distributed after death and who should handle the estate.

Wrongful Death Claim

A lawsuit that may be brought on behalf of a deceased person’s estate when their death was caused by another party’s negligence or wrongdoing.