Costs necessarily incurred in managing and settling a decedent’s estate, such as attorney’s fees, Public Administrator fees, real estate maintenance, agent commissions, court fees, service fees, and bond premiums.
A court-appointed Personal Representative responsible for managing and settling a decedent’s estate when there is no valid Will, or when the named executor is unable or unwilling to serve. The administrator gathers and protects assets, pays debts and taxes, and distributes the remaining estate to the lawful heirs according to state intestacy laws. In cases where no suitable family member is available, the court may appoint a Public Administrator or another qualified individual. See also: Public Administrator, Personal Representative, Fiduciary
The legal process by which an individual becomes the lawful child of another person, creating a permanent parent-child relationship. In probate matters, a legally adopted child generally has the same inheritance rights as a biological child under a Will or state intestacy laws.
A sworn statement used to identify a deceased person’s heirs. It helps establish ownership of property based on family relationships.
A person’s family lineage or heritage, tracing biological and legal connections across generations.
A secondary probate proceeding opened in another state or country where the decedent owned property outside their primary residence.
An official certificate issued by a designated government authority that authenticates the origin of a public document for use in another country. An apostille confirms that a document—such as a birth certificate, marriage certificate, court order, or power of attorney—is genuine and is recognized by countries that are parties to the Hague Apostille Convention. In probate and heirship matters, apostilles are often required when documents must be presented or relied upon internationally.
Property owned by the decedent, including real estate and personal property such as bank accounts, investments, and valuables.
An individual or entity that receives rights or interests in property or assets from another person, often through a legal transfer or assignment. In probate or estate matters, an assignee may receive the decedent’s assets or claims as designated in a Will, trust, contract, or legal agreement. For example, Emrich International Probate Research Inc may become the assignee of an heir identified through probate research under a formal agreement, allowing the company to collect fees or exercise rights on behalf of the heir.
The legal transfer of rights, interests, or property from one person (the assignor) to another (the assignee). In probate and estate contexts, an assignment may transfer a decedent’s claim, entitlement, or asset to an heir, beneficiary, or other party, often documented in writing or by court order.
Permission granted to an attorney to act on a client’s behalf, often through a written agreement or power of attorney. See also: Power of Attorney
An individual or entity designated to receive assets from a decedent’s estate, either through a valid Will, a trust, or by operation of law. In intestate cases (when no Will exists), beneficiaries are determined according to state inheritance laws and are referred to as heirs. See also: Heirs
A line of descent within a family, typically originating from a common ancestor. In estate distribution, a branch refers to the heirs descending from a particular child or relative of the decedent, which may share equally in inheritance under the by representation method. See also: By Representation
A method of distributing an estate in which each branch of the family receives an equal share, even if some heirs in that branch are deceased.
A fee paid to an executor, administrator, or fiduciary for managing and settling an estate. Commissions may be set by state law, court approval, or contractual agreement.
Property acquired during marriage and equally owned by both spouses, unless legally designated otherwise. This law does not apply to every state. So-called Community Property States are, for example, California, Arizona and Washington.
A fee arrangement owed only if a case is successful. Emrich International Probate Research Inc charges no upfront fees.
A schedule showing the dates and times of hearings, trials, and other court proceedings.
The official steps and actions taken in court to resolve a legal matter, including hearings, filings, and rulings.
An individual, business, or government entity to whom the decedent or the estate owes money or has an outstanding financial obligation. Creditors may include lenders, medical providers, credit card companies, tax authorities, or anyone holding a valid claim against the decedent. In probate proceedings, creditors must be notified and may file formal claims so that valid debts can be paid from the estate before distribution to heirs or beneficiaries. See also: Debts of the Estate
Financial obligations the decedent owed at the time of death, such as loans, taxes, or unpaid bills, which must be paid from the estate before assets are distributed. Under U.S. law, heirs or beneficiaries cannot inherit debt, so should the debts of the estate exceed the remaining assets in the estate, the remaining debt must be forgiven once all assets in the estate have been expended.
A deceased individual who leaves behind an estate.
A measure of how closely one person is related to another, used in determining inheritance rights.
A person who is directly related to another by blood or legal adoption, typically in a downward line of ancestry.
A person legally entitled to inherit from an intestate estate. See also: Beneficiary
The transfer of assets from a decedent’s estate to the rightful heirs or beneficiaries. Distributions occur after all debts, taxes, and administrative expenses have been paid, and may be carried out according to a valid Will, trust, or state intestacy laws.
The net value of an estate after taxes, debts, and expenses, available for distribution.
The required records—such as certificates, forms, and legal filings—needed to verify information or complete a legal process.
A formal request asking the court to determine who is legally entitled to inherit from an estate.
All assets and liabilities left behind by a decedent.
A detailed accounting of all financial activity in the estate, often filed alongside the Petition for Final Distribution.
The legal process of managing and settling a decedent’s estate when they die without a valid Will (intestate) or when a Will exists but must still undergo court supervision. Estate administration includes identifying and collecting assets, paying debts and taxes, resolving claims, and distributing the remaining assets to the rightful heirs according to state intestacy laws. A court-appointed Personal Representative—such as an administrator, executor, or Public Administrator—oversees this process.
Debts and obligations that must be paid from the estate during the estate administration before distribution to the heirs.
A tax imposed on the total value of a person’s assets at death and paid by the estate before distribution to heirs. The exact amount paid will vary depending on the state.
A person named in a Will to implement its instructions.
Value limits below which an estate may be exempt from taxes or requirements.
A form used by Emrich International Probate Research Inc to collect information about the decedent’s relatives to complete genealogical research.
A person entrusted to manage property or finances for the benefit of another with a legal duty to act solely in its best interest, such as an executor or trustee. In the US, professional fiduciaries are licensed and although unlicensed persons can act as fiduciary in special cases, it is important to note that they are still legally required to act in the best interest of their "client" and avoid conflicts of interest.
The court’s official order concluding a probate case and authorizing the final distribution of assets. See also: Order for Final Distribution
Costs associated with the decedent’s funeral, burial, or cremation. These expenses are considered estate liabilities and must be paid from the estate before distributions to heirs can occur. See also: Estate Liabilities
Documents such as birth, marriage, death, church and census records used to verify family relationships. See also: Vital Records
A professional who researches, documents, and verifies family relationships by examining historical and vital records. Genealogists play a key role in probate matters by establishing kinship, identifying heirs, and reconstructing family trees when relationships are unclear or undocumented.
An individual appointed by the court to manage the personal, legal, or financial affairs of another person—typically a minor, an elderly individual, or someone who is mentally or physically unable to manage their own affairs. A guardian has a fiduciary duty to act in the best interests of the person under their care.
A court-supervised legal relationship in which an individual (the guardian) is appointed to manage the personal, legal, and/or financial affairs of another person who is unable to do so independently, most commonly a minor or an incapacitated adult. In probate matters, guardianship often applies to the protection and management of a minor heir’s inheritance.
An individual who is legally entitled to inherit from a decedent’s estate, either according to a valid Will or—when no Will exists—under state intestacy laws. Heirs may include spouses, children, parents, siblings, or other relatives, depending on the legal order of succession. See also: Beneficiary
The legal status or condition of being entitled to inherit from a decedent’s estate. Heirship is determined based on a valid Will or, when no Will exists, under applicable state intestacy laws. Establishing heirship may require documentation, genealogical research, or a court determination, particularly when family relationships are unclear or disputed. See also: Inheritance, Probate
A person’s closest relatives, such as parents, children, siblings, and spouse. See also: Next of Kin
Property, assets, or rights received by an heir or beneficiary from a decedent’s estate. Inheritance may occur through a valid Will, trust, or under state intestacy laws, and typically takes place after all debts, taxes, and administrative expenses have been satisfied.
A tax paid by the individual receiving an inheritance, depending on state law and their relationship to the decedent. See also: Taxes Related to an Estate
The legal condition that occurs when a person dies without a valid Will. In such cases, the estate is administered according to state intestacy laws, which determine who the lawful heirs are and how the estate is distributed.
A detailed list of all assets owned by the decedent at the time of death, required in probate.
All direct, lineal descendants of the decedent, including children, grandchildren, great-grandchildren, and so on, whether biological or legally adopted.
Formal decisions issued by a court resolving legal disputes or establishing rights and obligations.
The legal authority a court has to hear and decide a case based on location and subject matter.
The degree of biological relationship between individuals. In probate matters, kinship must often be proven to establish rightful heirs, especially when there is no valid Will or no known close relatives. See also: Degree of Relationship
A lawyer specializing in proving family relationships. Emrich is working closely with experienced kinship to realize its clients’ claims in court.
A court hearing held to determine and verify the rightful heirs of an estate when family relationships are unclear or disputed.
Professional legal assistance provided by an attorney acting on behalf of a client.
The closest living blood relatives of a deceased person, determined by state law.
A court order authorizing the distribution of the estate’s remaining assets to the rightful heirs, often filed alongside the Petition for Final Distribution. See also: Distribution, Final Decree
A method of distributing an estate equally among heirs of the same generation.
All movable property owned by a decedent that is not real estate. Personal property includes items such as bank accounts, investments, vehicles, jewelry, furniture, and other tangible or intangible possessions that can be transferred to heirs or beneficiaries.
A Personal Representative is a person appointed by a court to manage the assets and liabilities of a decedent and to manage the affairs of the estate. Every filing in a Probate/Surrogate’s Court starts with a petition to appoint either executor (when there is a Will) or estate administrator. If there are no known heirs and there are assets to take care of, courts appoint Public Administrators in some states or just an attorney to manage the estate and look for heirs. If they do not succeed in locating all heirs, professional heir investigation companies, such as Emrich International Probate Research Inc, begin research of their own initiative. See also: Administrator
A formal written request filed with a court asking for a specific legal action or ruling. In probate matters, petitions are used to initiate proceedings, appoint a Personal Representative or guardian, request court approval of actions, or seek determinations regarding heirship, distribution, or administration of an estate.
A request for court approval of the estate’s final distribution. In most cases, this is the last required filing in a probate case and the last legal step before distribution.
A legal document filed with the appropriate court to request the appointment of a Personal Representative (executor or administrator) and formally open the probate process. This petition initiates the administration of the estate.
A filing asking the court to establish heirs and their shares.
An heir who dies after the decedent but before receiving their inheritance.
A legal document granting another person, attorney, or organization the authority to act on someone’s behalf. A POA can grant limited or broad powers, depending on the document, and is often required for a representative to have to the authority to act and handle legal, financial, or administrative matters for heirs.
Limits on access to records to protect personal information.
The legal process validating a Will or administering an intestate estate.
Laws governing estates, trusts, inheritance, and guardianship. See also: State Intestacy Laws
The court handling estate, inheritance, and matters regarding adoption and guardianship.
A legal affidavit used in California to collect or transfer certain personal property from a decedent’s estate without formal probate, when the estate qualifies as a “small estate.” It allows heirs or successors to claim assets such as bank accounts or personal effects after at least 40 days have passed since the decedent’s death. The form requires a sworn statement of entitlement and may include a certified death certificate. It cannot generally be used for real property or estates exceeding the statutory value limits. See also: Ancillary Probate, Small Estate
A legal case or proceeding involving the handling of a deceased person’s estate. A probate matter may include validating a Will, identifying heirs, appointing an executor or administrator, resolving debts and taxes, distributing assets, and addressing disputes about inheritance or kinship. It encompasses all court-supervised processes required to settle an estate according to state law.
A government office or official appointed by the court to administer estates when no eligible or willing family member is available, or when no heirs are known. The Public Administrator secures assets, settles debts, and works to locate rightful heirs. See also: Administrator, Personal Representative
Documents made available to the public, subject to privacy laws.
A written request filed with a California probate court asking to receive formal notices of future filings and key events in a probate case. An interested person — such as an heir, beneficiary, creditor, or personal representative — can file a Request for Special Notice to be kept informed about petitions, inventories, accountings, hearings, and other filings related to the estate. Once filed and served properly, the court and parties must send the requester copies of specified documents and notices during the probate process. See also: Probate Court
An estate whose total value falls below the statutory threshold established by law, allowing it to be settled without a full probate proceeding. In California, small estates may use simplified procedures—such as the Form 13100 (Small Estate Affidavit)—to transfer personal property to heirs or successors after a waiting period, provided there are no disputes and the estate meets all legal requirements.
The laws established by a state that determine how a decedent’s estate is distributed when there is no valid Will. These laws specify who qualifies as heirs, the order of priority among relatives, and the share of the estate each heir receives. See also: Probate Code
Legally required deadlines in probate proceedings.
The legal process through which a decedent’s estate is transferred to heirs or beneficiaries. Succession determines who is entitled to inherit, establishes the order of distribution, and ensures that assets and liabilities are properly managed and distributed according to a valid Will, trust, or state intestacy laws.
An individual or entity entitled to receive a decedent’s property or assets, either as an heir, beneficiary, or assignee. In probate matters, a successor may inherit under a Will, a trust, or state intestacy laws, and may use legal procedures—such as a Small Estate Affidavit—to claim the decedent’s assets.
A trial-level court with general jurisdiction, including probate. May also be called "Circuit Court" in some jurisdictions. See also: Probate Court
A court that solely handles probate matters, including validating Wills, appointing Personal Representatives, and overseeing the administration of estates. In some states (such as New York and New Jersey), the Surrogate’s Court functions as the primary probate court. See also: Probate Court
Any taxes that must be paid in connection with a decedent’s estate. These may include estate taxes, inheritance taxes, income taxes on estate assets, and other applicable state or federal taxes. Taxes must generally be settled before the remaining assets are distributed to heirs or beneficiaries.
A legal arrangement in which a person or entity (the trustee) holds and manages property or assets for the benefit of another person or group (the beneficiaries). Trusts can be used to control the distribution of assets during life or after death, minimize taxes, provide protection for heirs, and can bypass filing a probate petition in some jurisdictions.
A legal arrangement in which a person or entity (the trustee) holds and manages property or assets for the benefit of another person or group (the beneficiaries). Trusts can be used to control the distribution of assets during life or after death, minimize taxes, provide protection for heirs, and can bypass filing a probate petition in some jurisdictions.
An individual or institution appointed to manage and administer assets held in a trust for the benefit of the trust’s beneficiaries. A trustee has a fiduciary duty to act in the best interests of the beneficiaries, following the terms of the trust and applicable laws.
Official government-issued documents—such as birth, marriage, and death certificates—used to verify identity and family relationships in probate and kinship matters. When vital records are missing, alternative documentation may be required. Vital records become genealogical records when privacy restrictions are lifted due to the age of a record. Each state has different privacy restrictions and statutory waiting periods.
A legally binding document created by a testator that outlines how their estate should be managed and distributed after death. A Will may name an executor, specify beneficiaries, and include other instructions. If no valid Will exists, state intestacy laws apply.
A person who gives testimony or verifies a document.