If you’ve recently lost a loved one, or you’re starting to think about your own estate plan, you’ve probably encountered legal terms that feel like a foreign language.
Words like decedent, intestate, per stirpes, and personal representative appear constantly in wills, trusts, and probate proceedings. But most people have never encountered them outside of a legal document.
This guide breaks down more than 20 of the most important inheritance and estate-planning terms used in Florida in plain English, without legal jargon. Bookmark it, share it with your family, and refer back to it any time you need a clear definition.
The Most Important Terms to Know
1. Decedent
The decedent is the person who has died. This is arguably the most important term in all of estate planning and probate law because every other term in this guide relates, in some way, to the decedent and what happens to their estate after they pass.
In Florida, the decedent’s assets, debts, and legal obligations don’t simply disappear at death. They must be identified, managed, and distributed, either according to the decedent’s wishes as expressed in their will or trust, or according to Florida’s intestacy laws if no valid plan exists.
You will see the word “decedent” used throughout Florida probate documents, court filings, and legal correspondence. It is simply the legal term for the person who has passed away.
Florida Note: Under Florida law, the decedent’s estate is governed by Chapters 731 through 735 of the Florida Statutes, collectively known as the Florida Probate Code.
2. Descendant
A descendant is a living relative of the decedent, most commonly a child, grandchild, or great-grandchild, who may be entitled to inherit from the decedent’s estate.
It’s easy to confuse “decedent” and “descendant” because they sound similar, but they mean very different things:
- Decedent — Decedent = the person who has died
- Descendant — Descendant = a living relative who may inherit from that person
A descendant is literally the biological or legal progeny of the decedent. In Florida probate proceedings, descendants are often among the first to be considered when determining who inherits, especially when no will exists.
3. Heir
An heir is someone who is legally entitled to inherit from a decedent’s estate.
While the term is often used interchangeably with “beneficiary” in everyday conversation, there is an important legal distinction:
- Heirs — Heirs are determined by Florida law, specifically, by the state’s intestacy statutes. Heirs are the people who would inherit if the decedent died without a valid will.
- Beneficiaries — Beneficiaries are determined by the decedent’s will or trust and are specifically named to receive assets.
In other words, every beneficiary may be an heir, but not every heir is necessarily a beneficiary. Florida’s intestacy laws determine the order in which heirs inherit, starting with the surviving spouse, then descendants, then parents, and so on.
4. Beneficiary
A beneficiary is a person or entity specifically named in a will, trust, life insurance policy, retirement account, or other legal document to receive assets after the decedent’s death.
Unlike heirs, whose rights are determined by law, beneficiaries are chosen directly by the decedent. This is one of the most important reasons to have a comprehensive estate plan: it allows you to decide exactly who receives your assets, rather than leaving it to the state to decide for you.
Important: Beneficiary designations on accounts like IRAs, 401(k)s, and life insurance policies override what your will says. Keeping these designations current is one of the most critical, and most often overlooked, parts of estate planning.
5. Personal Representative
In Florida, a personal representative is the person legally appointed to administer the decedent’s estate through the probate process. In other states, this role is commonly called an executor (if named in a will) or administrator (if appointed by the court when no will exists).
Florida uses the term “personal representative” for both situations.
The personal representative’s duties include:
- Filing the will with the probate court
- Notifying creditors and beneficiaries
- Identifying and valuing estate assets
- Paying valid debts and taxes
- Distributing remaining assets to beneficiaries
The personal representative has a legal duty, called a fiduciary duty, to act in the best interests of the estate and its beneficiaries, not in their own personal interest.
6. Executor
Executor is the term used in most states for the person named in a will to carry out the decedent’s wishes and administer the estate. In Florida, this role is officially called the personal representative (see above), but the term “executor” is still widely used and understood.
If you are named as an executor or personal representative in someone’s will, you are not obligated to accept the role. However, if you do accept, you take on significant legal responsibilities and should work closely with a probate attorney.
7. Intestate / Intestacy
When someone dies intestate, it means they died without a valid will.
Dying intestate does not mean your assets go to the state of Florida. It means Florida’s intestacy laws determine who inherits, typically in this order:
- Surviving spouse
- Descendants (children, grandchildren)
- Parents
- Siblings
- More distant relatives
Why This Matters: Florida’s intestacy laws may not reflect your actual wishes. For example, a long-term partner, a close friend, a stepchild, or a favorite charity would receive nothing under Florida’s intestacy laws, no matter how much you may have wanted them to. A valid will or trust is the only way to ensure your wishes are honored.
8. Testate
The opposite of intestate. When someone dies testate, it means they died with a valid will in place. Their estate will be distributed according to the terms of that will, subject to Florida probate proceedings.
9. Probate
Probate is the court-supervised legal process through which a decedent’s estate is administered. During probate, the court:
- Validates the decedent’s will (if one exists)
- Appoints a personal representative
- Ensures debts and taxes are paid
- Oversees the distribution of assets to beneficiaries
In Florida, formal probate can take anywhere from six months to well over a year, depending on the complexity of the estate. Florida also offers a faster alternative called summary administration for qualifying estates; more on that below.
Not all assets go through probate. Assets held in a trust, accounts with designated beneficiaries, and jointly owned property with survivorship rights typically pass outside of probate.
10. Summary Administration
Summary administration is a simplified, faster form of probate available in Florida for smaller or simpler estates. As of July 1, 2026, Florida doubled the asset threshold for summary administration from $75,000 to $150,000, meaning significantly more Florida families now qualify.
Summary administration can often be completed in two to four months, compared to a year or more for formal probate. If you’re navigating the loss of a loved one and the estate may qualify, speak with a Florida probate attorney as soon as possible.
11. Per Stirpes
Per stirpes is a Latin phrase meaning “by roots” or “by representation.” It is a method of distributing a decedent’s estate that ensures assets pass down through a family line even if a beneficiary predeceases the decedent.
Here’s a simple example: Suppose you leave your estate equally to your two children. One of them passes away before you do, but that child has two children of their own (your grandchildren). Under a per stirpes distribution, your deceased child’s share would pass to their children, your grandchildren, equally, rather than going entirely to your surviving child.
Per stirpes is one of several distribution methods you can specify in your will or trust, and it’s worth discussing with your estate planning attorney to make sure your documents reflect exactly what you intend.
12. Per Capita
Per capita is another distribution method, Latin for “by head.” Unlike per stirpes, per capita distributes assets equally among all surviving members of a class, regardless of family branch.
Using the same example above: under a per capita distribution, if one of your two children predeceases you, their share would go to your surviving child, not to your grandchildren, unless your documents specify otherwise.
13. Fiduciary
A fiduciary is a person who is legally and ethically obligated to act in the best interests of another party. In estate planning and probate, fiduciaries include personal representatives, trustees, and guardians.
The fiduciary duty is one of the highest standards of care in law. A fiduciary cannot use their position for personal gain at the expense of the people they serve, doing so can expose them to legal liability.
14. Trustee
A trustee is the person or institution responsible for managing a trust on behalf of the trust’s beneficiaries. The trustee has a fiduciary duty to manage trust assets prudently, follow the terms of the trust document, and act in the beneficiaries’ best interests.
There are two common types:
- Successor trustee — takes over management of a revocable living trust after the original trustee (usually the trust creator) passes away or becomes incapacitated
- Corporate trustee — a bank or trust company that serves as trustee, often used for large or complex trusts
15. Grantor / Settlor / Trustor
These three terms all refer to the same person: the individual who creates and funds a trust. You may see any of these words used in a trust document, and they are interchangeable.
16. Revocable Living Trust
A revocable living trust is a legal document that holds your assets during your lifetime and distributes them to your beneficiaries after your death, without going through probate.
“Revocable” means you can change, amend, or revoke the trust at any time while you are alive and competent. This is one of the most powerful and commonly used estate planning tools in Florida, particularly for families who want to avoid the time and expense of probate court.
17. Irrevocable Trust
An irrevocable trust is a trust that generally cannot be changed or revoked once it is created. Because assets placed in an irrevocable trust are no longer considered part of your estate, they may offer significant benefits for asset protection, Medicaid planning, and estate tax reduction.
18. Intestate Succession
Intestate succession refers to the legal process of determining who inherits a decedent’s estate when they die without a valid will. Florida’s intestate succession laws are found in Chapter 732 of the Florida Statutes and follow a specific hierarchy of relatives.
Understanding Florida’s intestate succession rules is particularly important for unmarried couples, blended families, and anyone with a non-traditional family structure, as the law may not distribute assets as you would intend.
19. Letters of Administration / Letters Testamentary
These are court-issued documents that give the personal representative the legal authority to act on behalf of the decedent’s estate. Banks, financial institutions, and government agencies typically require these letters before releasing or transferring assets.
- Letters testamentary — Letters testamentary are issued when the decedent had a valid will
- Letters of administration — Letters of administration are issued when the decedent died intestate
20. Homestead
In Florida, homestead refers to a property that qualifies for special protections and tax exemptions under Florida law. Homestead property has unique rules in the context of estate planning and probate, particularly around who can inherit it and how it can be transferred.
Florida’s homestead protections are among the strongest in the country, and they can significantly affect how your real estate passes to your heirs. This is one of the many reasons Florida estate planning requires specific, state-tailored guidance rather than a generic approach.
21. Elective Share
Florida’s elective share law protects surviving spouses from being completely disinherited. Under Florida law, a surviving spouse is generally entitled to 30% of the decedent’s elective estate, even if the will leaves them nothing.
This is an important protection to consider if you are married, recently divorced, or in a blended family.
Why These Terms Matter for Your Family
Understanding inheritance terminology is more than an academic exercise. When a loved one passes away, or when you’re planning your own estate, knowing these terms helps you:
- Ask better questions of your attorney
- Understand the documents you’re signing
- Make informed decisions about your estate plan
- Protect your family from unnecessary confusion and cost
Florida’s probate and estate planning laws are specific, and they don’t always work the way people expect. A will alone is often not enough. Beneficiary designations matter enormously. And dying without a plan can create significant hardship for the people you love most.
Ready to Protect Your Family?
At SJF Law Group, we help Florida families navigate estate planning and probate with clarity, compassion, and expertise. Whether you’re creating your first estate plan, updating an existing one, or navigating the probate process after a loss, we’re here to help.
Schedule a complimentary consultation with our Florida probate attorneys.
We serve families throughout Broward, Miami-Dade, and Palm Beach counties, with both in-person and virtual appointments available.
