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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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A

AB 2016 primary residence petition#

A simplified California probate court petition that can transfer a decedent's main home when its gross value is $750,000 or less, for deaths on or after April 1, 2025.

It is still a court process, it covers only the primary residence, and it does nothing during incapacity. CBM does not offer probate services.

Read the AB 2016 home petition guide

Acknowledgment (notarial)#

A signer's declaration before a notary public that they signed a document, which the notary records on a certificate after checking the signer's identity.

Deeds generally need an acknowledgment to be recorded, and many estate planning documents are notarized. A notary confirms identity and signature, not whether the document is legally sound.

Read the TOD deed vs. living trust guide

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

Ancillary probate#

A second probate case in another state, used when a person dies owning real estate in a state other than where they lived.

A Californian who owns out-of-state property titled in their own name may leave their family with court proceedings in more than one state. Out-of-state property titled in a funded trust may help avoid probate there. CBM does not offer probate services.

Compare a living trust and a will

B

Beneficiary designation#

A form filed with a financial institution or insurer that names who receives an account, policy, or retirement plan at the owner's death.

The designation usually controls that asset even if a will or trust says something different, so it should be coordinated with the rest of the plan. An outdated or missing designation can send an asset somewhere unintended.

Read the trust funding guide

C

Capacity#

The legal ability to understand and make a particular decision, such as signing a will, trust, or power of attorney.

California law looks at specific mental functions and the type of decision, so the standard can differ from one document to another. A diagnosis alone does not decide capacity. Compare the existing Incapacity entry.

Read the incapacity-planning guide

Certification of trust#

A short signed statement by a trustee that confirms a trust exists and who has authority to act, so banks and title companies do not need the whole trust document.

It typically lists the trust's name and date, the current trustees, and their powers, while keeping private terms such as who inherits out of view. Institutions may rely on it under California law.

Read the successor trustee guide

Community property#

In California, property acquired by either spouse or registered domestic partner during the marriage or partnership, which the law generally treats as owned equally by both.

At death, each spouse controls only their half of community property. Character can affect estate planning, property titles, and tax basis, so it is worth reviewing with counsel. Compare Separate property.

Explore estate planning

Conservatorship#

A court process in which a judge appoints someone, called a conservator, to manage another adult's personal care, finances, or both when that adult cannot do so.

A funded living trust, together with a durable power of attorney (DPOA) and an advance health care directive (AHCD), may help avoid the need for a conservatorship. Results depend on each person's situation.

Read the incapacity-planning guide

Custodial care#

Non-medical help with daily activities such as bathing, dressing, and eating, which Medicare generally does not pay for when it is the main care a person needs.

Custodial care can be given at home, in assisted living, or in a nursing home. Families often pay privately, use long-term care insurance, or apply for Medi-Cal if eligible.

Read the Medicare vs. Medi-Cal nursing home guide

D

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

E

Elder financial abuse#

Taking, hiding, or keeping an older adult's money or property for a wrongful use or with intent to defraud, including through undue influence.

California defines it in its elder abuse law, and county Adult Protective Services takes reports. Up-to-date planning documents and trusted agents may make some kinds of abuse harder.

Explore elder law

Estate (patrimonio)#

The property and interests of a person considered in planning or after that person's death. What forms part of an estate for a specific purpose depends on the context and the law.

Explore estate planning

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

Estate recovery (Medi-Cal)#

California's process for seeking repayment of certain Medi-Cal costs from a deceased member's estate.

For deaths on or after January 1, 2017, California limits recovery to certain long-term care related payments and to assets in the probate estate, and DHCS does not file a claim in some situations, such as when a spouse or registered domestic partner survives. Hardship waivers may be available.

Read the Medi-Cal estate recovery guide

Executor or personal representative#

The person a court authorizes to handle a deceased person's probate estate, called an executor when named in a will and an administrator when there is no will or no executor can serve.

"Personal representative" is the umbrella term California uses for both. The role exists in probate; a trust's successor trustee is a different role. CBM does not offer probate services.

Compare a living trust and a will

F

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

G

Grant deed#

The most common California deed for transferring real estate, which carries limited implied promises from the seller about the title.

A grant deed must be properly prepared, signed, acknowledged, and recorded with the county. The right deed for a transfer depends on the purpose, the owners, and tax consequences.

Read the trust funding guide

Guardian for minor children (nominated)#

The person a parent names in a will or other writing to care for a minor child if both parents die or cannot care for the child.

A court makes the appointment, but it gives weight to the parent's nomination. A parent can also nominate someone to manage a child's property, although a trust is often used for that purpose.

Explore estate planning

H

Heggstad petition#

A California probate court petition asking a judge to confirm that an asset belongs to a trust even though it was never formally retitled into the trust.

The name comes from a 1993 appellate case, and success depends on the written evidence of the trust creator's intent. It is a court remedy after the fact; funding the trust during life is the usual way to reduce the need for one. CBM does not offer probate services.

Read the trust funding guide

HIPAA authorization#

A signed form that lets doctors and health plans share your medical information with the people you name.

It helps family members or agents get information they need, for example to show incapacity under a trust or to make care decisions. It is separate from, and often signed with, an advance health care directive.

Read the incapacity-planning guide

I

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

Intestate succession#

The California rules that decide who inherits property a person did not leave by will, trust, or other arrangement.

The rules follow a fixed order of relatives, starting with a spouse or registered domestic partner and children, and they may not match what the person would have wanted. Property passing this way may still require probate.

Compare a living trust and a will

Irrevocable trust#

A trust that its creator generally cannot change or cancel once it is signed or becomes irrevocable.

A revocable living trust usually becomes irrevocable at the creator's death. Some trusts are irrevocable from the start for tax, benefits, or asset-management reasons, and whether one fits depends on the person's facts.

Explore estate planning

L

Living will#

A common name for written instructions about end-of-life and other medical treatment, which in California are usually part of an advance health care directive.

California's statutory directive combines these instructions with the appointment of a health care agent. A living will is not a living trust and does not deal with property.

Read the incapacity-planning guide

Look-back period (Medi-Cal)#

The period before a person enters a nursing home during which Medi-Cal reviews assets given away for less than fair value.

DHCS says transfers made before January 1, 2026 are not counted, while later transfers for less than value may cause a penalty that delays long-term care coverage. Transfers to a spouse and full-value sales are examples that can be treated differently.

Read the Medi-Cal lookback and asset limits guide

M

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

Medi-Cal asset limit#

The cap on countable property a person may own and still qualify for certain Medi-Cal programs, which DHCS lists as $130,000 for one person plus $65,000 for each additional household member through June 30, 2027.

DHCS began counting assets again on January 1, 2026 for groups that include many older adults and nursing home residents, and it has announced lower limits after that date. Some assets, such as the main home in many situations, are not counted.

Read the Medi-Cal lookback and asset limits guide

Medicare skilled nursing facility coverage#

Limited Medicare Part A coverage for short-term skilled nursing or rehabilitation care after a qualifying inpatient hospital stay.

Coverage is limited per benefit period, may require the patient to share costs, and ends sooner if daily skilled care is no longer needed. Time under hospital "observation" does not count toward the qualifying stay, and Medicare does not cover long-term custodial care.

Read the Medicare vs. Medi-Cal nursing home guide

N

No-contest clause#

A provision in a will or trust that can take away a beneficiary's gift if the beneficiary challenges the document in court.

California enforces these clauses only in limited situations, such as a direct contest brought without probable cause. Whether a clause applies depends on its wording and the specific challenge.

Explore estate planning

P

POD and TOD accounts#

Bank accounts (payable on death) and investment accounts (transfer on death) that pass directly to a named beneficiary when the owner dies.

The owner keeps full control during life, and the beneficiary has no rights until the owner's death. These designations may help avoid probate for that account, but they must be coordinated with the rest of the plan and do not help during incapacity.

Read the trust funding 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

Proposition 19#

A California constitutional amendment that narrowed the property tax break for transfers of real estate between parents and children and changed base-year value transfer rules for certain homeowners.

Whether a transfer at death or during life triggers reassessment depends on the property, its use, and the family's facts. Ask counsel and the county assessor before relying on any exclusion.

Read the TOD deed vs. living trust guide

Q

Quitclaim deed#

A deed that transfers whatever interest the signer has in real estate, if any, without any promise about the title.

Families sometimes use quitclaim deeds between relatives or spouses, but the choice of deed can affect title insurance, property taxes, and community property character. Get advice before signing one.

Learn about trust funding

R

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

S

Separate property#

In California, property a spouse or registered domestic partner owned before the marriage or partnership, or received by gift or inheritance, plus its income and proceeds.

Separate property can lose its character if it is mixed with community property or retitled, so records matter. Compare Community property.

Explore estate planning

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

Share of cost (Medi-Cal)#

The amount some members of certain Non-MAGI Medi-Cal programs must pay, or promise to pay, toward their own health care in a month before Medi-Cal starts to pay.

The member's Notice of Action says whether a share of cost applies and how much it is. It resets each month, it is owed to the provider, not to Medi-Cal, and the amount can change with income and household facts.

Explore Medi-Cal planning

Small estate affidavit#

A sworn statement that lets successors collect a deceased person's personal property without a full probate when the estate's value is $208,850 or less, for deaths on or after April 1, 2025.

It covers personal property such as bank accounts, not real estate, and some property is excluded when counting value. A waiting period after death applies. CBM does not offer probate services.

Read the AB 2016 home petition guide

Special needs trust#

A trust that holds property for a person with a disability in a way designed to supplement, not replace, needs-based public benefits such as Medi-Cal or SSI.

A third-party special needs trust is funded by family, while a first-party trust holds the beneficiary's own assets and usually must repay Medi-Cal after death. The drafting and administration rules are technical.

Explore estate planning

Spend-down#

Using countable assets on the applicant's own needs, such as medical bills, housing costs, or home repairs, so that remaining assets fall within a Medi-Cal limit.

DHCS distinguishes spending on your own needs from giving assets away, which can trigger a look-back penalty. Keep receipts and get advice before large expenditures.

Read the Medi-Cal lookback and asset limits guide

Step-up in basis#

A federal tax rule that generally resets the tax basis of inherited property to its value at the owner's death, which can reduce capital gains tax when heirs sell.

For California married couples, both halves of community property may receive a new basis at the first spouse's death. How a property is titled and when it is transferred can affect the result, so ask a tax adviser.

Explore estate planning

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

T

Transfer on death (TOD) deed#

A recorded California deed that names who receives the owner's interest in real estate at death, while the owner keeps full ownership and can revoke it during life.

It must be signed, dated, witnessed, notarized, and recorded on time, and a valid deed may help that property avoid probate. It does nothing during incapacity, covers only the property described, and a beneficiary's share lapses if that beneficiary dies first.

Read the TOD deed vs. living trust 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

Trust amendment#

A signed document that changes specific provisions of a revocable trust while leaving the rest in place.

The trust itself usually says how it may be amended, and California law fills gaps. Several amendments over time can make a trust hard to follow, which is one reason people choose a restatement.

Explore estate planning

Trust protector#

A person named in a trust with specific powers, such as removing a trustee or making limited changes, to help the trust adapt after the creator can no longer act.

The role exists only if the trust document creates it, and its powers are whatever the document grants. It is more common in irrevocable and long-term trusts.

Explore estate planning

Trust restatement#

A single document that rewrites the terms of an existing revocable trust in full while keeping the original trust's name and date.

Because the trust continues, assets already titled in it generally stay in it, so retitling is usually not needed. Compare Trust amendment.

Read the trust funding guide

Trust Transfer Grant Deed#

A grant deed commonly used in California to transfer a home from its owners to themselves as trustees of their living trust.

It is a practice term, not a numbered statutory form. A transfer into a revocable trust is generally not a change in ownership for property tax reassessment, but the deed and county filings still need care.

Read the trust funding guide

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

Trustee duties#

The legal obligations a trustee owes when managing a trust, including following its terms, acting solely in the beneficiaries' interest, preserving and managing trust property, and keeping beneficiaries reasonably informed.

A successor trustee takes on these duties when they accept the role. Getting advice before selling property or making distributions can help a trustee meet them.

Read the successor trustee guide

Trustee notification (Probate Code §16061.7)#

A written notice a California trustee must send to beneficiaries and heirs after certain events, such as a trust becoming irrevocable at the creator's death.

The statute sets a deadline and requires specific content, including a warning about the time limit to contest the trust. Counsel should confirm who must receive notice in each case.

Read the successor trustee guide

U

Undue influence#

Excessive persuasion that causes a person to act, or not act, by overcoming their free will and producing an unfair result.

California law weighs factors such as the person's vulnerability, the influencer's authority, the tactics used, and the fairness of the outcome. It can be grounds to challenge a will, trust, gift, or transfer.

Explore elder law

W

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.