Probate feels like having a legal dictionary thrown at you that you never asked for. Instead of clarity, families are bombarded with legal terms like executor, decent, letters of authority, renunciation of rights, and so much more — words that feel cold and technical, even though they shape deeply personal decisions.
Here is where we are different. We are not attorneys. We are real estate agents with a focus on guiding people through big life transitions. Many attorneys approach these words from a legal lens.
We approach them from the perspective of families encountering probate for the first time — confused, overwhelmed, and looking for a jargon-free plain-English guide.
This glossary was created to take the mystery out of probate. Each term comes with a simple definition, a real-world scenario, and a note on why it matters — so you can understand not just what the word means, but what it means for you.
For clarity, we’ve organized probate terms into five groups. While some overlap, don’t let that distract you — the point is building confidence step by step.
- People & Roles
- Probate Process & Legal Pathways
- Financial & Tax Terms
- Real Estate & Property
- Professionals You May Work With
What Is Probate?
Probate is simply the legal process for settling an estate, paying the debts owed from the estate’s assets and distributing the remaining amount to heirs.
An uncomplicated estate with $200,000 in assets and $100,000 in debt will pay off their debt and distribute the remaining $100,000 to the heirs.
People & Roles
Decedent
Definition: The decedent is the legal term given to the person who passed away and whose estate is being handled.
Scenario: Mary passed away and her estate needs to be settled. On legal documents, filing paperwork, or during court proceedings, Mary may be simply listed as “the decedent” rather than by name.
Why It Matters: You will come across the terms on probate forms or while speaking to an probate attorney. While the term feels cold and impersonal, understand this is the typical legal term used.
Personal Representative (or Executor)
Definition: The personal representative is the person named or appointed by the courts to manage all of the legal requirements to settle the estate. Think of this person as the “project manager”.
Scenario: David was named in Mary’s Will to be the personal representative. As a result, David must inventory, collect and secure the estate’s assets (home, bank accounts, etc.), pay the debts the estate owes, and distribute remaining assets according to state law or Mary’s Will.
Why It Matters: The personal representative is the typical term used in Michigan. However, other states may use the term executor or estate administrator. A good personal representative acts to protect and maximize outcomes for the estate rather than their own personal benefit.
Fiduciary Responsibility
Definition: The personal representative has a duty to act on behalf of the estate’s best interest, not their own.
Scenario: David is the personal representative of Mary’s estate. He must act and make decisions that benefit the estate rather than his own interest. David decides to reject the discounted family offer on Mary’s home and decides to list the house on the market in order to maximize value.
Why It Matters: Failing to act with a fiduciary responsibility can open a personal representative up to lawsuits or personal liability. The duty keeps the process fair and mitigates disputes.
Heir Vs. Beneficiary
Definition: An heir is a person set to inherit assets by law when there is no Will left; beneficiaries are named in a Will or a policy, such as life insurance.
Scenario: Mary dies without a Will, so David and his brothers (as heirs) will inherit the assets in her estate. Her life insurance policy named George, her great-nephew, as the beneficiary. The life insurance proceeds will go to George.
Why It Matters: These terms follow different rules. Knowing the difference prevents conflict. An heir can be a beneficiary, but not all beneficiaries are heirs.
Probate Process & Legal Pathways
A Will
Definition: A legal document, completed prior to death, stating property distribution and naming a personal representative.
Scenario: In her 60’s, Mary sat with an estate attorney and completed a Last Will & Testament that was valid in the State of Michigan. Her document named David as the personal representative and detailed how the assets should be distributed to David and his brothers.
Why It Matters: A Will does not skip probate, but provides clarity and reduces disputes. Rather than the courts making decisions, they can refer to wishes of the decedent, or the person who passed away.
Intestate
Definition: Intestate is the term used to refer to the guiding laws and principles for how an estate is to be handled when no valid Will exists.
Scenario: Mary created a Will in Ohio and moved to Michigan to be near her grandkids. A majority of her assets, such as her home, exist in Michigan. Mary’s Will is not valid in the State of Michigan. As a result, her estate will follow Michigan laws for intestate.
Why It Matters: Intestacy removes personal choices and creates room for disputes. It also may require greater involvement with the courts, delay the probate process, and end up costing the estate more money.
Letter of Authority
Definition: The court document giving the personal representative the legal power to act on behalf of the estate. At this point, a personal representative can begin the process of selling a home in probate.
Scenario: David received a letter of authority from Ingham County. He is now able to list and sell his mother’s home. He will sign documents on behalf of the estate.
Why It Matters: Without these documents, banks and title companies will not recognize the personal representative. Do not make decisions for the estate on the basis of a Will. Wait for the letters of authority. It is possible for the courts to determine the Will is invalid.
- You can’t legally convey title without Letters of Authority, so the sale cannot close.
- Any listing agreement signed before authority is granted may be invalid.
- Buyers and their agents lose trust once they discover the sale isn’t actually authorized.
Why Dolinski’s Perspective Helps Here: We know probate isn’t like a normal sale. Our role is to shield families from wasted time and embarrassment by ensuring you only list when the estate is legally ready — protecting both your credibility and your legacy.
📊 Estate Snapshot: Wait for Authority
In Michigan, it typically takes 4–6 weeks from filing for probate before the court issues Letters of Authority.
- Until then, no one can legally convey title.
- Nearly 1 in 3 probate sales stall or collapse when homes are listed too soon.
- Families often lose buyer confidence, leading to lower offers once the home is relisted properly.
Renunciation to Be Personal Representative
Definition: Prior to court-appointment, a person, either named or who has priority to become personal representative, can decline the role.
Scenario: Mary’s Will named David as the personal representative. However, David lives in California and his brother, Terry, lives in Michigan. They agreed it would be easier for Terry to manage the estate due to proximity to the assets of the estate and the courts. David renounces his rights to be personal representative and Terry is appointed.
Why It Matters: Nobody is forced into the role, even if named. For estates that are intestate, all siblings have equal priority to become personal representatives. This can create issues when all siblings need to come to an agreement to make any decision for the estate. Nick Leydorf, a Lansing probate attorney, recommends siblings consider renouncing their right to be personal representative so a single person is appointed to make the probate process more efficient.
Michigan Probate Types
Definition: Depending on the estate size, complexity and room for disputes, an estate can go through a simplified, informal or formal process. Simplified probate is for estates whose assets total a certain amount.
Scenario: David and Terry are cooperative heirs and the estate is relatively straight forward. The courts determined they need less supervision and can go through the informal probate process.
Why It Matters: The probate process the estate must go through affects timelines, approvals, and paperwork requirements.
Opening Probate (Or Estate)
Definition: The formal, court-approved process for starting the process of settling a loved one’s estate. Generally, this means filing the requisite forms, such as a petition with the county where the decedent lived.
Scenario: One month after the death of Mary, David and Terry met with an estate attorney to file the petitions so they could start the probate process, or open probate.
Why It Matters: How long probate takes in Michigan is usually started from the day probate is opened. Usually it is in the best interest of the estate to file a petition to open probate as early as possible.
Closing The Estate
Definition: This is the final court-approval recognizing debts have been paid and assets distributed. At this point, the probate process is over.
Scenario: David and Terry paid the debts on Mary’s estate, estate taxes were filed, and remaining assets were distributed according to the Will and state laws. At this point, they could close the estate.
Why It Matters: Provides legal and emotional closure. Nick Leydorf says the timing of taxes can cause differences in the probate timeline.
Financial And Tax Terms
Estate
Definition: The estate is simply everything that is owned and owed at death. Typically an estate involves a home, personal property, like jewelry or a car, and a mortgage.
Scenario: At the time of death, Mary owned a home and a car. Her home had an existing mortgage totaling $26,000.
Why It Matters: The probate process is about settling debts and expenses owed to various parties. These are often paid from the assets available.
Assets
Definition: Assets are defined as property with monetary and market value. Examples usually include real estate, bank accounts, investment accounts, and belongings.
Scenario: David gathers Mary’s documents such as bank statements, investment account statements, and begins documenting the value of less clear assets such as the home or belongings.
Why It Matters: Assets drive inheritances and taxes. They represent a way for an estate to satisfy its debts.
Debts
Definition: These are obligations left behind (mortgages, taxes, loans, and medical bills)
Scenario: Mary wanted David and Terry to inherit her home, except she had a reverse mortgage on it. The balance of the reverse mortgage is counted as a debt in her estate. David and Terry may need to sell her home to settle the estate.
Why It Matters: Debts reduce the overall value of the estate.
Creditor Claims
Definition: A claim is the official documentation submitted for a creditor requesting payment of money owed.
Scenario: A hospital submits a claim for money owed because of a past due bill for a medical procedure.
Why It Matters: Personal representatives must verify the claims and pay before distributions can be made. One of the longest parts of probate is notifying creditors and allowing time for claims.
Taking Inventory
Definition: The personal representative is required to list and account for all of the assets and debts. The list of inventory is filed with the courts.
Scenario: David and Terry collected Mary’s documents and went through her home. Together, they accounted for all of the assets and debts in Mary’s estate. The paperwork was filed with the courts.
Why It Matters: Transparency of assets and debts prevents conflicts, disputes and satisfies court requirements.
Date of Death Value
Definition: Assets are usually valued based on fair market value on the day of death.
Scenario: Mary passes away in September. David and Terry delay opening probate and do not open probate until the following year in May. The home or bank accounts would be valued at the time of Mary’s death. In this case, September of the previous year.
Why It Matters: Proper valuation and filing of the estate affects taxes and the inheritance. For example, a home appreciating at 20% per year could result in a taxable gain for the estate.
Estate Expenses
Definition: These are costs the estate must pay, such as funeral fees, property insurance, and property upkeep.
Scenario: Mary has $30,000 cash in a bank account. David and Terry use the money in the estate to pay for the home’s insurance and upkeep until the property is sold.
Why It Matters: Often estates have ongoing expenses until probate is closed and assets are distributed. One of the biggest expenses are those associated with the home.
Reimbursable Expenses
Definition: These are estate expenses that are often paid out-of-pocket, such as property taxes or utilities.
Scenario: There is no accessible cash in the estate. There is only a home with a value of $250,000. David and Terry use their own money to pay the utilities and maintenance of the property until it can be sold. During the probate process, they submit receipts so they can get reimbursed.
Why It Matters: A lot of estates may have assets, but are cash poor. Estates will require ongoing costs and maintenance until they can be closed. Personal representatives shouldn’t be financially burdened. Keep accurate records and submit receipts for reimbursement.
Step-Up Basis
Definition: An IRS and tax term used that resets that tax basis. Real estate generally experiences a step-up basis to reduce overall tax burden.
Scenario: David sells Mary’s home for $300,000 that was valued at $295,000 on death. There is a $5,000 gain that is taxed.
Why It Matters: Saves heirs on taxes and informs decisions for disposition of assets.
Real Estate & Property
Title & Deed
Definition: Title and deed involve ownership of a real estate. A title is the concept of ownership while a deed proves and transfers ownership of the property.
Scenario: A title search is done on a property prior to transference in order to make sure a property can be conveyed and a deed is filed with the county.
Why It Matters: Clear title is required for sale; deed formalizes ownership transfer.
Seller’s Disclosures (Michigan)
Definition: A seller’s disclosure helps protect buyers and requires sellers to disclose everything known to be wrong with the property being sold. However, property under probate is generally exempt from Michigan Seller’s disclosure act.
Scenario: David and Terry are selling Mary’s home through probate. Since they are acting as the personal representative, they are not required to fill out Michigan seller’s disclosures.
Why It Matters: Allows the personal representative to sell the property without typical disclosure papers.
Lien On Home
Definition: A legal claim on property for unpaid debts.
Scenario: A tax lien surfaces; the estate pays it before the sale closes.
Why It Matters: Liens delay sales and reduce inheritance. Early checks prevent surprises.
Escrow
Definition: Neutral account holding money until sale conditions are met.
Scenario: Buyer’s earnest money sits in escrow until closing is finalized.
Why It Matters: Protects both sides, ensuring fair transfers.
Market Value vs. Appraised Value
Definition: Market value and appraised value can mean different things. Market value equals what a willing buyer and seller agree to. An appraised value is an opinion by a professional.
Scenario: Mary’s home appraised for $275,000, but sold for $265,000 due to deferred maintenance and needed repairs.
Why It Matters: It is not uncommon for homes in probate to sell at or less than appraised value due to maintenance and repair issues. Courts and the IRS will care more about appraised value while heirs and beneficiaries benefit from market results.
Professionals You May Work With
Estate Attorney
Definition: An attorney that specializes in probate law and guides families through notices, filings, and disputes.
Scenario: Nick drafts pleadings, publishes notices and advises the personal representative through the probate process.
Why It Matters: A good estate attorney prevents mistakes and ensures compliance with the law.
Certified Public Accountant Vs. Enrolled Agent
Definition: Both are tax professionals who can help with estate tax returns and accounting.
Scenario: David and Terry are near the end of the probate process and need someone to file the taxes for the estate. They take all of the financial records to an enrolled agent who helps them file the estate’s taxes.
Why It Matters: Taxes do not vanish in probate. A CPA or enrolled agent can help file taxes. An enrolled agent is usually suitable for simple estates and may be more cost-effective than a CPA.
Appraiser
Definition: A licensed appraiser is a professional who determines the value of a home.
Scenario: David and Terry call John, a Michigan licensed appraiser. John conducts a review of the property and determines the value of the property is $300,000.
Why It Matters: Subjective and ballpark valuations create room for disputes and do not meet IRS rules. An objective valuation, like the one done by an appraiser, prevents disputes.
Michigan Probate Realtor
Definition: A real estate agent trained in probate timelines, disclosures, title issues and emotional sensitivity.
Scenario: David and Terry realize the home has unique requirements. They enlist the help of Dolinski, probate real estate specialist, to manage the property, marketing and pricing.
Why It Matters: Real estate is usually the largest and most emotional asset. Probate-savvy realtors preserve value and reduce stress.
That means many agents approach probate the same way they approach a standard listing: as a generalist. But probate isn’t general. It requires knowledge of court authority, property title issues, and the emotional weight families carry.
Why Dolinski’s Perspective Helps Here: Probate real estate is our focus, not a side note. We don’t just list homes — we guide families through the unique requirements of probate sales so you’re protected, compliant, and confident.
📊 Estate Snapshot: The Training Gap
Fewer than 1 in 10 real estate agents pursue specialized training in probate or estate sales.
Most licensing courses cover less than 2 hours of content on estates, trusts, or probate — just enough to pass the exam.
Because agents operate as 1099 contractors, ongoing education is optional, and many stop at the basics.
Conclusion: Turning Probate Terms Into Real-World Clarity
Probate can feel like a maze of cold, technical words — but those words translate into real decisions about homes, money, and family. The good news is you don’t have to navigate them alone.
At Dolinski, we aren’t attorneys — and that’s our strength. We translate probate from the family’s perspective, focusing especially on the real estate side of probate, where the biggest financial and emotional decisions are made. From proper valuations and seller disclosures to liens, title, and court authority, our role is to protect your family from costly mistakes and guide you step by step.
Explore more in our Probate Resource Hub. You’ll find in-depth articles, checklists, and guides that go deeper into the real estate aspects of probate — giving you practical tools and peace of mind as you move forward.
