Austin Probate Lawyer

Understanding Basic Probate Terms: A Short Glossary

Affidavit – A written, voluntary declaration of facts. An oath.

Beneficiary – A person who inherits when there is a will.

Custodian of the Will – The person who is in procession of the will when the writer of the will dies.

Decedent/Deceased – The person who has died.

Executor – The person who is named in the will that is appointed to carry out the deceased person’s last wishes.

Heir – A person or persons who inherit the estate of the deceased person if there is no will. An heir is not the same as a beneficiary, but can be in some cases.

Intestate – When someone dies and does not leave a will.

Intestate succession – The order of who inherits the property in cases when someone dies without a will.

Personal Property – Cash, stocks, clothing, cars, furniture, etc.

Probate – The court process of determining how to distribute the deceased person’s property to the rightful beneficiaries or heirs.

Testate – When someone dies and does leave a will.

Will – a legal document that includes details of a person’s last wishes and what will be done with their property after death.

These are just a few key terms to help you better understand the legal processes of Probate proceedings since legal jargon is often confusing for those not familiar with it. Whether you are experiencing the death of a loved one or preparing a will, turn to the Austin Will and Probate Lawyers of Slater & Kennon to help you through these difficult events. With years of experience, the Austin Will and Probate Lawyers are ready to take care of any of your will or probate concerns.


Centrally located in the Arboretum area of north Austin, the Slater & Kennon law firm represents clients in Travis County, Bastrop County, Burnet County, Williamson County, and Hays County, including the cities of Austin, San Marcos, Bastrop, Burnet, and Georgetown.