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Estate planning glossary

Plain-English starting points for common estate planning and trust terms. These are general explanations, not legal definitions for your circumstances and not legal advice.

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Advance health care directive

A document that can record health care instructions and name someone to make health care decisions if you cannot make or communicate them yourself.

Read the incapacity-planning guide

Agent

A person named to act for someone else under a document such as a power of attorney or advance health care directive. The document and applicable law define the agent’s authority.

Compare financial and health care documents

Beneficiary

A person or organization named to receive something under a will, trust, account, or other arrangement.

Compare a living trust and a will

Durable power of attorney

A document used to give a chosen agent authority over specified financial or legal matters during your life. What the agent may do, and when the authority applies, depends on the document and the law.

Read the incapacity-planning guide

Estate plan

A coordinated set of documents and decisions for managing property and decision-making during life and after death. It may include a trust, will, powers of attorney, and health care instructions.

Explore estate planning

Fiduciary

A person or institution in a position of legal responsibility for another person or that person’s property. Trustees are fiduciaries; their duties come from the governing document and the law.

Read the successor trustee guide

Funding

Aligning ownership or beneficiary records with the estate plan so a trust covers the property intended for it. The appropriate step varies by asset; a general checklist is not a direction to retitle anything.

Read the trust funding guide

Incapacity

A circumstance in which someone cannot make or communicate certain decisions. A website cannot determine incapacity; the controlling document and applicable law govern how it is established and who may act.

Read about incapacity-planning documents

Medi-Cal

California’s Medicaid program. Long-term care planning can include Medi-Cal questions, but eligibility and estate recovery depend on the person’s facts and the rules in effect at the relevant time.

Read the Medi-Cal estate recovery guide

Pour-over will

A will designed to direct certain property remaining in a person’s probate estate to an existing trust after death. It is a backup document, not a substitute for funding the trust during life.

Read the trust funding guide

Probate

A court process used in some estates after a death. Whether it is required depends on the property, how it is owned, beneficiary designations, and the documents in place. CBM does not offer probate services.

Compare a living trust and a will

Revocable living trust

A trust that its creator can generally amend or revoke while able to do so. It identifies who manages trust property and who benefits from it. Signing a trust does not, by itself, transfer every asset into it.

Compare a living trust and a will

Settlor, grantor, or trustor

Terms commonly used for the person who creates a trust. A trust document may use one of these terms for the same role.

Read the living trust guide

Successor trustee

The person or institution designated to take over trustee responsibilities when the current trustee can no longer or no longer should serve under the trust’s terms.

Read the successor trustee guide

Trust administration

The work of carrying out a trust after a death or another trustee transition. It can include identifying trust property, following the trust, keeping records, communicating, and obtaining advice before distributions.

Explore trust administration

Trustee

The person or institution responsible for managing trust property and following the trust’s terms and applicable duties. The same person may hold the role at one stage and a successor may serve later.

Read the successor trustee guide

Will

A document that states how certain property should pass at death and can name a person to handle the estate. A will does not control every asset and does not itself avoid probate.

Compare a living trust and a will

Primary-source starting points

Rules and forms can change. These public agencies are useful starting points; they do not replace advice about a particular document or family.