MASSACHUSETTS PROBATE RESOURCES

Probate Glossary

Plain-English definitions of the Massachusetts probate terms you’ll run into — from “personal representative” to “voluntary administration.”

Probate comes with a lot of unfamiliar words. Here are the 45 you’re most likely to encounter while settling a Massachusetts estate, in plain English. Jump to a letter:

A B C D E F G H I J L M N P R S T W

A

Administrator
Under Massachusetts law this role is now called the Personal Representative. Historically, the person the court appointed to settle an estate when there was no will.
Ademption
When a specific item left in a will no longer exists at death (for example, a car that was already sold), so that particular gift simply fails.
Assent
A beneficiary or heir’s written agreement to a petition or account — often used to waive further notice or a hearing and speed things along.

B

Beneficiary
A person or organization named in a will or trust to receive property.
Bequest
A gift of personal property (money or belongings) made in a will.
Bond
A financial guarantee that the personal representative will faithfully carry out their duties (Form MPC 801). Sureties may be required unless the will or heirs waive them.

C

Codicil
A formally signed amendment or addition to an existing will.
Conservator
A person the court appoints to manage the finances of a living adult who can’t manage their own — different from settling a deceased person’s estate.

D

Decedent
The person who has died. Nearly every probate form uses this word.
Devise
A gift of property made in a will. Under the MUPC it can mean a gift of any kind of property.
Devisee
A person or organization named to receive property under a will (identified on Form MPC 163).
Distribution
The transfer of the estate’s remaining assets to the heirs or beneficiaries once debts and expenses are paid.

E

Estate
Everything a person owned at the time of death — real estate, accounts, belongings — along with their debts.
Elective share
A surviving spouse’s right to claim a statutory portion of the estate instead of only what the will leaves them.
Executor / Executrix
The person named in a will to settle the estate. Under the MUPC, now called the Personal Representative.

F

Fiduciary
Anyone in a position of trust who must act in others’ best interests — a personal representative, trustee, guardian, or conservator.
Formal probate
A court-supervised probate heard by a judge, used when there are disputes, an unclear or invalid will, a missing heir, or other complications. See how the process works.

G

Guardian
A person the court appoints to care for a minor or an incapacitated adult (their well-being, not just their money).

H

Heir (heir at law)
A person entitled to inherit under Massachusetts intestacy law when there is no will (listed on Form MPC 162).
Homestead
A Massachusetts protection that shields a portion of the equity in your primary residence from many creditors.

I

Informal probate
An administrative probate reviewed by a magistrate (not a judge) — the faster path when there’s a valid will (or clear heirs) and no disputes.
Intestate
Dying without a valid will. The estate then passes under Massachusetts intestacy law. (Opposite of testate.)
Inventory
A dated list of the estate’s assets and their values, filed by the personal representative (Form MPC 854).
Issue
A person’s direct descendants — children, grandchildren, and so on.

J

Joint tenancy (with right of survivorship)
Co-ownership where a deceased owner’s share passes automatically to the surviving owner(s), outside of probate.

L

Letters (Letters of Authority)
The document the court issues to the personal representative proving their legal authority to act for the estate. Banks and others will ask to see it.
Legatee
An older term for someone who receives personal property under a will.

M

MUPC
The Massachusetts Uniform Probate Code (M.G.L. c. 190B) — the law that governs wills, estates, and probate in Massachusetts (effective 2012).

N

Non-probate property
Assets that pass outside probate automatically — jointly owned property with survivorship, accounts with named beneficiaries, and property held in a trust. Our Do I need probate? tool walks through these.

P

Personal Representative (PR)
The MUPC term for the person appointed to settle an estate — what used to be called the executor (with a will) or administrator (without one).
Per stirpes
A way of dividing an inheritance “by branch,” so a deceased heir’s share passes to their own descendants.
Probate
The legal process of proving a will (if any), appointing someone to settle the estate, paying debts, and distributing what’s left.
Probate estate
The assets that must go through probate — generally anything in the decedent’s name alone, without a beneficiary or right of survivorship.

R

Real property
Land and anything permanently attached to it, like a house. (Everything else is personal property.)
Register of Probate
The elected official who runs each county’s Probate & Family Court registry, where estate documents are filed. Find yours in the court directory.
Residuary estate
What remains of the estate after specific gifts, debts, taxes, and expenses are paid.

S

Small estate (Voluntary Administration)
A simplified process for estates with no real estate and $25,000 or less in personal property (excluding one vehicle), available 30+ days after death (Form MPC 170).
Surety
A person or company that guarantees a personal representative’s bond.

T

Tenancy by the entirety
A form of joint ownership between spouses with right of survivorship — the home passes to the surviving spouse outside probate.
Tenants in common
Co-ownership without survivorship. A deceased owner’s share is part of their probate estate.
Testate
Dying with a valid will (the opposite of intestate).
Testator
The person who made the will.
Trust
A legal arrangement where a trustee holds and manages property for beneficiaries. Trust property generally avoids probate.
Trustee
The person or institution responsible for managing a trust according to its terms.

W

Will
A legal document stating how a person wants their property distributed after death and naming a personal representative.
⚖️ Not legal advice. These definitions are general explanations to help you understand the process, not legal definitions for your specific situation. Always confirm with a licensed Massachusetts probate attorney. Next Step Probate is a real estate service, not a law firm.

Sources

Definitions follow the Massachusetts Uniform Probate Code and the Probate & Family Court’s guidance:

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Important: Next Step Probate provides general educational information about the Massachusetts probate process and helps families sell estate real estate. We are not attorneys, accountants, or financial advisors, and nothing on this website is legal, tax, or financial advice. Contacting us does not create an attorney-client relationship. Always consult a licensed Massachusetts probate attorney before acting.