Estate planning can feel overwhelming at first, especially when legal terms start showing up in conversations or paperwork. You’re trying to make smart choices for your future, not pass the bar exam.
At OC Wills & Trust Attorneys, we work with individuals and families throughout Orange County and Southern California to make estate planning clear and approachable. One way we can do that is by breaking down the words and phrases you’re likely to hear. Understanding the basics can make the process easier and help you feel more confident about the decisions ahead.
Common Estate Planning Terms and What They Mean
Below are some of the most common terms you’ll come across. We’ve grouped them by topic so you can easily find what you’re looking for.
People Involved
- Testator
This is the person who creates a will. If you write a will to say how your property should be divided, you’re the testator. - Grantor / Settlor
These terms refer to the person who sets up a trust. They transfer assets into the trust and decide how it should be managed. - Trustee
This is the person or institution responsible for managing the assets inside a trust. The trustee follows the instructions in the trust document. - Beneficiary
A beneficiary is someone who receives money, property, or other benefits from a will, trust, or insurance policy. - Executor
The executor (also called a personal representative) is in charge of carrying out the instructions in a will. They gather assets, pay off debts, and distribute property to the beneficiaries. - Attorney-in-Fact
This person is authorized to act on your behalf if you’ve created a power of attorney. Their authority can cover financial or medical matters, depending on the document.
Legal Documents
- Will
A will is a written document that explains how you want your assets to be distributed after your death. It also lets you name guardians for your children. - Living Trust (Revocable Trust)
This is a flexible legal tool that lets you manage your assets during your lifetime and distribute them after death without going through probate. - Advance Health Care Directive
This document lets you name someone to make medical decisions for you if you’re unable to speak for yourself. It can also include your wishes for end-of-life care. - Durable Power of Attorney
This gives someone the legal authority to manage your finances if you’re unable to do so. The “durable” part means it stays in effect even if you become incapacitated.
Legal Concepts
- Probate
Probate is the court process that takes place when someone dies with or without a will. The court makes sure debts are paid and assets are distributed properly. - Intestate
If someone passes away without a valid will, they are considered to have died intestate. State law will determine who inherits their property. - Guardianship
Guardianship gives someone the legal authority to care for another person—usually a child or an adult who can’t manage their own affairs. - Funding a Trust
Setting up a trust isn’t enough—you also need to move (or “fund”) your assets into it. This means changing titles or ownership to the name of the trust.
Types of Property
- Community Property
In California, anything earned or acquired during a marriage is typically considered community property. That means both spouses own it equally. - Separate Property
Assets that belonged to one spouse before the marriage or were received as a gift or inheritance are usually treated as separate property. - Title
The title refers to the legal ownership of an asset, such as a home or a vehicle. Properly titling assets is an important part of estate planning.
How We Help You Understand Every Step
We don’t expect you to remember all of these terms. That’s our job. What matters most is that you feel informed and supported as you plan for your future.
When you work with our team:
- We take the time to explain what everything means.
- We guide you through the documents you need—and those you don’t.
- We tailor your estate plan to your family, your goals, and California law.
We’re based in Orange County, but we help clients across Southern California with flexible scheduling and in-person or virtual meetings. Whether you’re creating a simple will or setting up a living trust, we’ll help you understand what’s ahead.
Estate Planning Doesn’t Have to Be Confusing
Learning the basics is a great start. When you’re ready to take the next step, we’ll walk you through it—clearly, patiently, and with your goals in mind. Contact OC Wills & Trust Attorneys today to schedule a consultation.
