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Estate Planning and Probate Glossary
Legal documents are full of unfamiliar terms. Here’s what the most common ones mean, in plain English. Linked terms go to the related service page.
| Term | Definition |
|---|---|
| Affidavit of heirship | A sworn statement, recorded with the Recorder of Deeds, identifying who inherited real estate when no probate was opened. |
| Agent | The person you name in a power of attorney to act for you. |
| Beneficiary | A person or organization that receives property under a will, trust, deed or account designation. |
| Beneficiary deed | A recorded Missouri deed (also called a TOD deed) that passes real estate to named people at death without probate. |
| Conservator | A person appointed by a court to manage the finances of someone who can’t manage them. |
| Creditor claim | A request for payment filed against an estate during probate. |
| Decedent | The person who has died. |
| Determination of heirship | A court proceeding, usually after one year, that decides by judgment who the legal heirs are. |
| Durable power of attorney | A power of attorney that stays in effect if you become incapacitated. In Missouri it must say it is durable. |
| Estate | Everything a person owns at death, including real estate, accounts and personal property. |
| Executor | A common name for the person named in a will to settle the estate. Missouri calls this role the personal representative. |
| Fund (a trust) | To transfer assets into a trust’s name so the trust controls them. |
| Grantor | The person who creates a trust. Also called a settlor or trustor. |
| Guardian | A person appointed to care for a minor child or an incapacitated adult. |
| Heir | A person entitled to inherit under state law when there is no will. |
| HIPAA release | A signed authorization letting named people receive your medical information. |
| Incapacity | Being unable to make or communicate your own decisions. |
| Intestate | Dying without a valid will. Property then passes under Missouri’s intestacy law. |
| Irrevocable trust | A trust that generally can’t be changed or canceled once signed. |
| Letters testamentary / of administration | Court orders giving a personal representative authority to act for an estate, with or without a will. |
| Living will | A written statement of your wishes about life-prolonging treatment. Missouri calls it a health care declaration. |
| Look-back period | The 60 months before a Medicaid application during which asset transfers are reviewed. |
| Personal representative | The person appointed by the probate court to manage and settle an estate. |
| Pour-over will | A will that moves any assets left outside your trust into it at death. |
| Probate | The court-supervised process of settling a deceased person’s estate. |
| Revocable living trust | A trust you control and can change during life that helps avoid probate. |
| Small estate affidavit | A Missouri shortcut to transfer an estate of $40,000 or less without full probate. |
| Special needs trust | A trust that provides for a person with a disability without disqualifying them from SSI or Medicaid. |
| Successor trustee | The person who takes over managing a trust when the original trustee dies or can’t serve. |
| Testator | The person who makes a will. |
| Trustee | The person or institution that manages trust assets for the beneficiaries. |
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