Cornerstone Homes can help you through your time of loss.  We understand that probate can be an overwhelming process with complex legal terminology.  That's why we've provided you with the most useful legal definitions to help you complete the probate process.

Decedent- The individual who passed away.

Estate-The property that a decedent owed at the time of his or her death.  The estate is broken down into real property, or real estate, and personal property.

Executor- A person who is designated in a will to oversee the administration of the property after the decedent's death.

Formal Probate- A court hearing is required to validate a will and to designate a personal representative.

Heir- An individual who would receive the decedent's property in the event that there is no will. 

Informal Probate- A personal representative is appointed and a will validated without a court hearing.

Intestate- When a decedent died without a valid will.  Utah state law will specify who may receive the decedent's property. 

Letters Testamentary- The probate court determines how much involvement it will have in the administration of an estate.  A personal representative who is given unlimited or full authority can disperse the estate without the court's supervision.  The court can grant limited or supervised power and require a personal representative to obtain the court's approval to administer the estate.  

Notice to Creditors- Utah state law requires that the personal representative inform creditors or others who might have claims against the estate that the probate process has begun.

Order for Probate- The court answers the petition for probate by filing an order for probate, recognizing that it will oversee the probate process. 

Personal Representative- The individual who is appointed by the court to inventory the estate, settle all debts and taxes and distribute the remaining materials to the beneficiaries.  

Petition for Probate- A document that the personal representative files to initiate the probate process.

Probate Administration- The process whereby the court determines if a will is valid.

Testate- A decedent provided a will and the court determined that it was valid.