Probate The court-supervised process of validating a will, paying debts, and distributing a deceased person's assets. It is public, can take 6–24 months, and its cost scales with estate value.
Revocable Living Trust A trust you create and control during your lifetime that can be changed or revoked. Assets titled in it pass to beneficiaries without probate, privately and usually faster.
Irrevocable Trust A trust that generally cannot be changed once created. Used for estate-tax planning and asset protection because the assets leave your taxable estate.
Pour-Over Will A will used alongside a living trust that 'pours' any assets you forgot to title into the trust at death — a safety net, though those assets may still probate.
Last Will & Testament The document that names your heirs, your executor, and guardians for minor children. It does not avoid probate — it is what initiates it.
Durable Power of Attorney (Financial) Authorizes an agent to manage your finances if you become incapacitated. 'Durable' means it survives your incapacity.
Healthcare Power of Attorney (HCPOA) Designates someone to make medical decisions for you if you cannot. Also called a healthcare proxy or medical POA.
Living Will / Advance Directive States your wishes for end-of-life medical care, such as life support, so your healthcare agent and doctors know your preferences.
HIPAA Authorization Permits named individuals to access your protected medical information, which they often need to act under a healthcare POA.
Executor The person named in a will to carry out its instructions — inventory assets, pay debts and taxes, and distribute the estate. Often paid a statutory fee.
Intestate Dying without a valid will. State law then dictates who inherits, which may not match your wishes and usually means full probate.
Ancillary Probate A second probate proceeding in another state where you owned real property. A trust holding that property avoids it.
Funding a Trust Re-titling assets — deeds, bank and brokerage accounts — into the name of your trust. An unfunded trust controls nothing and does not avoid probate.
Federal Estate Tax A tax on the transfer of wealth at death for estates above the federal exemption ($13.99M per person in 2026). Most estates owe none.
TCJA Sunset The scheduled reduction of the federal estate-tax exemption (roughly to $7M) if the 2017 Tax Cuts and Jobs Act provisions expire, expanding the number of taxable estates.
State Estate / Inheritance Tax Some states levy their own estate or inheritance tax at thresholds far below the federal exemption — for example Oregon and Massachusetts at $1M–$2M.
Step-Up in Basis Inherited assets get their cost basis reset to fair market value at the date of death, often eliminating capital-gains tax on prior appreciation.
ILIT Irrevocable Life Insurance Trust — owns a life-insurance policy so the death benefit is excluded from your taxable estate.
SLAT Spousal Lifetime Access Trust — an irrevocable trust funded for a spouse's benefit that removes assets from the estate while keeping indirect access.
GRAT Grantor Retained Annuity Trust — a technique to pass asset appreciation to heirs with little or no gift tax.
Special Needs Trust (SNT) Holds assets for a disabled beneficiary without disqualifying them from means-tested benefits like Medicaid or SSI.
Beneficiary Designation A direct transfer instruction on accounts like retirement plans and life insurance that passes assets outside both the will and probate.