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(This page's most recent update is August 2024)
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Just the word “Probate” causes people to freak out, primarily because it is a legal process, different in every state; it is combined with the loss of a loved one and requires cooperation between family members, many of whom do not wish to cooperate. But for genealogy purposes, they are incredibly valuable sources of terrific information about the deceased. They are often well-documented and provide a ton of details about the deceased’s life activities, relationships, relatives, friends, and acquaintances. They do have a language all their own.
Some of the most common terms and their meanings are presented below:
| Administrator | A person who is authorized by the court to manage and settle the estate of a deceased person. In some states, this role is called a personal representative. |
| Beneficiary | A person or entity who is named in a will or trust to receive assets. In some situations, a beneficiary may be termed a legatee or devisee. |
| Bond | A form of insurance that protects the assets of the estate. |
| Claims | Claims are the petitions, registers, accounts, or appeals filed with the court. |
| Codicil | A document that amends, rather than replaces, a previously executed will. |
| Conservatorship | A legal proceeding in which a court places the interests of an incapacitated adult in the care and protection of another. In some states, this is called a guardianship. |
| Creditor claim | A request filed with the court by a person or entity who believes they are owed money by the decedent. |
| Custodian of the Will | The person who has the Will when the person who wrote the Will dies. |
| Decedent | The deceased person whose estate is being settled. |
| Decedent’s estate | All the property (real or personal) that a person owned at the time of death. |
| Distribution | The division of estate funds among those who are entitled to inherit. |
| Encumbrance | Any claim or restriction on a property’s title. |
| Escheat | The process by which assets revert to the government. This occurs when legal heirs have not been located or have not come forward. |
| Estate | All the money and property owned by a person at the time of death. |
| Executor | A person or entity designated in a will and appointed by the court to manage and settle the estate of a deceased person. In some states, this role is called a personal representative. |
| Fiduciary | A person or entity who holds assets for another. |
| Final account | A final report to the court that details the finances of an estate or trust. |
| Guardian Ad Litem | A person the court appoints to protect the interests of another person in a specific court case. Latin for guardian at law. |
| Heir | A relative determined by the court to be entitled to a share of an estate. |
| Heirship Hearing | A legal proceeding in which evidence is presented to determine the entitlement of heirs. |
| Heirship Order | A court decision that declares the entitled heirs and their respective shares in the estate. In some states, this is called a kinship order. |
| Intestate | When a person dies without a valid will. |
| Intestate succession | The order of who inherits the property when someone dies without a Will. |
| Inventory | An itemized list of assets including cash and appraised property. |
| Issue | The process by which a person establishes that they are related to the decedent. |
| Kinship Hearing | The process by which a person establishes that they are are related to the decedent. |
| Legatee | A person or entity who is named in a will or trust to receive assets. In some situations, a legatee may be termed a devisee or beneficiary. |
| Letters of administration | A document issued by the court granting authority to handle the affairs of an intestate estate. |
| Letters testamentary | A document issued by the court granting authority to handle the affairs of a testate estate. |
| Next-of-kin | A person’s closest living relative or relatives. |
| Personal Effects | The decedent’s personal belongings that are not considered financial assets (i.e. clothing, photos, mementos, etc.). |
| Personal property | Things like cash, stocks, jewelry, clothing, furniture, or cars. |
| Personal Representative | The person responsible for overseeing the distribution of the estate. |
| Petition | A formal application made to a court in writing that requests action on a certain matter. To begin the probate process, a petition must be filed with the court. |
| Probate | The legal process in which a deceased person’s estate is settled and distributed. |
| Probate Researcher | A specialized area of genealogy that deals with identifying and locating the heirs to an estate and proving their right to an inheritance. Probate researchers are sometimes referred to as forensic genealogists. |
| Public Administrator | A county official who is appointed to administer an estate. |
| Real property | Buildings and land. |
| Share | The portion of an estate that an heir will receive as determined by state succession law or a decedent’s will. |
| Testate | When a person dies with a valid will. |
| Trust | When one person (trustee) holds property at another person’s (settlor’s) request for the benefit of someone else (the beneficiary). |
| Will | A legal document in which a person gives instructions for the distribution of his or her assets upon death. |
Download the Quicksheet PDF
You can download these 40 items in a Quick Reference Guide. To download the Quick Sheet PDF, click on the Download button below:
For all the previously published Quick Reference Guides, click on QuickSheets.
Genealogy QuickSheets – Frequently Asked Questions
Quicksheets are also known as Quick Reference Guides. They are generally a one or two page PDF that is downloadable. A few QuickSheets are as large as a five page PDF.
Every QuickSheet is in a specific post on The Ancestor Hunt website. Just bring up the post, and at the bottom of the page is a big brown Download button that allows you to view and/or download the PDF when clicked.
There are over 80 QuickSheets.
Here are links to the 10 Most Popular:
- 100 Best Free Online Genealogy Websites
- Beyond the Search Engine: Using Google Databases for Genealogy Research
- 64 Genealogy Items to Collect from Your Home
- United States Genealogical and Historical Societies
- 24 Places Where You Can Find Your Ancestors Occupation
- 13 Types of Genealogical Information You Can Find in Old Yearbooks
- 16 Places Where You Can Find Genealogy and Family History Books
- Easy Cousin Relationship Chart
- The Easiest Way to Find Every Historical Newspaper in America
- The Best Way to Find 20% More Pertinent Newspaper Articles Online
Yes! You can view or download as many as you wish.