Who's who in probate? A glossary of some terms you may hear in a probate case.
The law is notorious for having its own specialized vocabulary and terms of art. "Probate" is the legal process by which a court determines who receives the property of a deceased person. If you find yourself involved in a probate case some of the legal terms may be unfamiliar. Here's a primer on some of the key roles of persons involved in a probate case...
Heir: a person entitled to receive property from a decedent - commonly from an ancestor who is related by blood, adoption, or marriage. One key aspect of probate is the identification of a deceased person's heirs. This term can have several shades of meaning but is especially concerned with who would receive the property of a deceased person if they died without a last will and testament (or, "intestate").
Devisee / Legatee / Beneficiary: There are subtle distinctions between these terms. But, as a group, they describe persons who are given property in a last will and testament. They are the among the people who are entitled to receive the property of a person who has died.
Administrator / Executor: Now called a "Personal Representative". See below. The terms "Administrator" or "Executor" are applied to a male representative while "Administratrix" or Executrix to a female.
Testator: A person who signs a last will and testament expressing their final wishes and disposition of their property.
Personal Representative: Under Oklahoma law a Personal Representative is a person responsible for collecting and preserving a deceased person's property, paying the debts and expenses of the estate, filing tax returns, etc. In summary, a person who is charge of winding up the affairs of a deceased person.
Creditor: A person or business to which the decedent owed a debt. For probate purposes, this is important because one of reasons for probate is giving notice to anyone who the decedent may have owed a debt
Surviving Spouse: the husband or wife of the decedent who outlives or "survives" the person for whom the probate case is filed. Bear in mind that a "surviving spouse" may also now be deceased. The key fact, for probate purposes, is that they lived longer than their spouse.
Decedent: a person who has died. In the context of probate law, this is commonly the person whose property is the subject of the probate case and whose property made a part of the probate estate.
Petitioner: the person who files a probate case. Often, but not always, later appointed Personal Representative.
Trustee: a person who is given control over the property given to a trust with legal obligations to exercise their authority according to the terms of the trust. In probate law, a trustee may be involved when a decedent makes a trust the beneficiary of their will.
Special Administrator: This person may be appointed by the court in unusual or emergency cases when the normal probate process is too slow to preserve the property of the decedent or when the personal representative is unable or unwilling to carry out their responsibilities. For Summary Administrations (one type of probate case) the Special Administrator similar to Personal Representative in a traditional probate.