John Woodall Real Estate Agent

John Woodall

BROKER ASSOCIATE, GRI, SRES, Certified PROBATE & TRUST Specialist
License# 01232653
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(916) 421-5421
 

Key Probate Terminology (California Specific)

 

 

  • Probate (California): The court-supervised process to administer a decedent’s estate, pay debts, and transfer assets to the lawful heirs or beneficiaries.

 

  • Probate Court (California Superior Court – Probate Division): The division of the California Superior Court that handles estates, conservatorships, guardianships, and trusts.

 

  • Codicil: A legally valid amendment to a will that changes or adds provisions. In California, a codicil must be signed with the same formalities required for a will.

 

  • Beneficiary: A person named in a will or trust who is legally entitled to inherit a specific asset or share of an estate.

 

  • Heir: A person who inherits according to California intestate succession law when there is no valid will. This typically includes a surviving spouse, children, parents, siblings, or in some cases extended family.

 

  • Personal Representative (Executor or Administrator): The individual formally appointed by the California Superior Court, Probate Division, to administer the estate. 

 

  • Conservator: A person appointed by the California Superior Court to manage the finances and/or personal care of an adult who cannot manage their own affairs.

 

  • Joint Tenancy With Right of Survivorship: A form of ownership where the surviving co-owner automatically receives the deceased owner’s share—avoiding probate. Must be properly documented on title. 

 

  • Tenancy in Common: A form of co-ownership without survivorship rights. The deceased owner’s share becomes part of the probate estate unless held in a trust or otherwise designated.

 

  • Intestate / Intestate Estate: A person dies “intestate” when they die without a valid will. California Probate Code determines who inherits and in what percentages.

 

  • Testate: A person dies “testate” when they leave a valid will.

 

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  • 2801 J St Sacramento CA 95816
  • Qualifying Broker
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