Probate comes with its own vocabulary, and understanding these terms is essential if you've inherited property in Florida. This glossary defines the 30 most important probate terms in plain English — no legal jargon, no confusion.
If you're going through this process in Pinellas County, our Probate Court Guide and Inherited Property Guide provide additional local context.
A - D
Administrator
The person appointed by the court to manage an estate when there is no will (or the will doesn't name a Personal Representative). In Florida, "administrator" and "Personal Representative" are often used interchangeably, though technically an "administrator" is appointed when there's no will.
Ancillary Administration
A secondary probate proceeding in a state where the decedent owned property but did not live. For example, if someone lived in New York but owned a condo in Clearwater, Florida, the Florida property would require ancillary administration in Pinellas County in addition to the primary probate in New York.
Beneficiary
A person or entity named in a will or trust to receive assets from the estate. If there is no will, beneficiaries are determined by Florida's intestacy laws based on family relationships.
Creditor Period (Creditor Claim Period)
The window of time during which creditors can file claims against the estate. In Florida, this is 3 months (90 days) from the date of first publication of the Notice to Creditors, or 30 days from the date a creditor receives direct notice — whichever is later. No distributions should be made until this period expires. Learn more about how this affects timeline in our probate costs guide.
Decedent
The person who has died. In probate documents, you'll see this term constantly — "the decedent's property," "the decedent's estate," etc. It simply means the person whose estate is being probated.
Devise
A gift of real property (land or buildings) made through a will. The person receiving the devise is called a "devisee." If someone's will says "I leave my house to my daughter," that's a devise.
Disposition Without Administration
The simplest form of "probate" in Florida — used when the estate consists only of exempt property (like personal belongings) and assets needed to pay funeral expenses. It does not apply to estates that include real property, so it rarely applies when there's a house involved.
E - H
Estate
Everything the decedent owned at the time of death — real property, bank accounts, investments, personal property, vehicles, and any other assets. The estate also includes the decedent's debts and obligations. The probate process is about identifying, valuing, and distributing the estate.
Executor
A term commonly used in other states for the person named in a will to manage the estate. In Florida, the official title is Personal Representative, not executor. However, many people (and even some documents) use "executor" informally.
Formal Administration
The standard probate process in Florida for estates valued over $75,000 (excluding homestead property). Formal Administration involves appointing a Personal Representative, notifying creditors, inventorying assets, paying debts, and distributing what remains to beneficiaries. In Pinellas County, expect Formal Administration to take 6-12 months minimum. See our court guide for step-by-step details.
Heir
A person entitled to inherit from the decedent under Florida's intestacy laws (when there is no will). Technically, "heir" applies only to intestate succession, while "beneficiary" or "devisee" applies when there is a will — though in everyday conversation, "heir" is used broadly for anyone who inherits.
Homestead Property
In Florida, a property that was the decedent's primary residence and qualifies for constitutional homestead protection under Article X, Section 4 of the Florida Constitution. Homestead property has special rules about who can inherit it and how it passes — the Personal Representative may not have authority to sell it. See our full guide on Florida Homestead Law for Heirs.
I - L
Intestate / Intestacy
Dying "intestate" means dying without a valid will. When this happens, Florida's intestacy laws (Chapter 732, Florida Statutes) determine who inherits. The general order: surviving spouse, then descendants (children, grandchildren), then parents, then siblings. Intestate estates are often more complex and contentious than those with clear wills.
Inventory
A formal list of all estate assets, along with their values, that the Personal Representative must file with the court within 60 days of appointment. The inventory helps the court, beneficiaries, and creditors understand what the estate contains.
Letters of Administration
The official court document that gives the Personal Representative authority to act on behalf of the estate. Until you have Letters of Administration, you cannot access bank accounts, sell property, or take other actions requiring legal authority. In Pinellas County, obtaining Letters typically takes 2-6 weeks after filing the petition. This is often the first milestone families are waiting for.
Life Estate
The right to use and occupy a property for the duration of one's lifetime. In Florida homestead law, a surviving spouse may receive a life estate in the homestead property, meaning they can live there until they die, at which point the property passes to the "remaindermen" (usually the decedent's children). A life estate holder cannot sell the property without the remaindermen's consent.
Lien
A legal claim against property for unpaid debts. Common liens on inherited properties include: mortgage liens, property tax liens, HOA liens, code enforcement liens, and mechanics' liens. All liens must be identified and addressed during probate — they don't disappear when the owner dies.
N - P
Notice to Creditors
A legal notice published in a local newspaper informing potential creditors that probate has been opened and they must file claims within the creditor period. In Pinellas County, this is typically published in a newspaper of general circulation in the county. The publication triggers the 3-month creditor claim window.
Per Stirpes
A legal term meaning "by branch" — a method of distributing estate assets where a deceased beneficiary's share passes down to their children. For example, if a will leaves property equally to three children and one has died, that deceased child's share would pass to their children (the grandchildren) per stirpes.
Personal Representative (PR)
The person appointed by the court to manage and administer the estate. This is Florida's official term for what other states call an "executor" (when named in a will) or "administrator" (when appointed by the court without a will). The PR's duties include: collecting assets, paying debts, filing tax returns, and distributing assets to beneficiaries. The PR has a fiduciary duty — a legal obligation to act in the best interests of the estate and beneficiaries.
Petition for Administration
The formal legal document filed with the court to open a probate case. It identifies the decedent, the proposed Personal Representative, the known beneficiaries, and the general nature of the estate. This is the starting gun for the probate process.
Probate
The court-supervised legal process of: (1) proving a will is valid (if one exists), (2) identifying and inventorying the decedent's assets, (3) paying the decedent's debts and taxes, and (4) distributing the remaining assets to the rightful beneficiaries or heirs. Not all assets go through probate — joint accounts, beneficiary-designated accounts, and trust assets typically pass outside of probate.
R - S
Remainderman
The person who will receive property after a life estate ends. If a surviving spouse has a life estate in the homestead, the children are typically the remaindermen — they'll receive the property when the spouse dies (or voluntarily gives up the life estate).
Save Our Homes (SOH) Cap
Florida's constitutional limit on annual increases in assessed value for homesteaded properties — capped at 3% per year or CPI, whichever is lower. When an owner dies and the property is inherited, the SOH cap resets to current market value, which can cause a dramatic increase in property taxes. This is one of the biggest financial surprises for heirs. Read our detailed guide on Florida Homestead Law.
Summary Administration
A simplified, faster probate process available in Florida when the estate's value is $75,000 or less (excluding homestead property), OR when the decedent has been dead for more than two years. Summary Administration doesn't require appointing a Personal Representative and can typically be completed in 1-3 months. It's significantly cheaper than Formal Administration — see our probate costs breakdown.
Surety Bond
A type of insurance the court may require the Personal Representative to purchase, protecting the estate from mismanagement. The cost is typically 1-2% of the estate value annually. In many cases, the will waives the bond requirement, or the court waives it when the PR is a beneficiary.
T - W
Testate
Dying "testate" means dying with a valid will. The opposite of "intestate." A testate estate follows the instructions in the will for distributing assets.
Title
Legal ownership of property. During probate, title to real property transfers from the decedent to the beneficiaries or heirs through court orders. Clean title is essential for selling property — any clouds on title (unresolved liens, missing documents, unclear ownership) must be resolved before a sale can close.
Trust
A legal arrangement where one person (the trustee) holds and manages property for the benefit of another (the beneficiary). Property held in a properly funded trust does not go through probate — it passes directly to beneficiaries according to the trust terms. This is why estate planning attorneys often recommend trusts as a way to avoid probate.
Will (Last Will and Testament)
A legal document in which a person specifies how their property should be distributed after death. In Florida, a valid will must be signed by the testator (the person making the will) in the presence of two witnesses who also sign. A will that doesn't meet these requirements may be challenged or declared invalid.
Need Help Navigating Probate?
Understanding the terminology is the first step. If you've inherited property in Pinellas County and want to understand your options for selling, we're here to help.
Causeway Home Buyers works with families going through probate every day. We understand the process, coordinate with attorneys, and can make a fair cash offer on your inherited property — in any condition.
Get a free, no-obligation cash offer or call (727) 947-1271.
Explore more resources: