You do not need to know legal terminology before starting an estate plan. Understanding a few common terms can make the conversation easier and help you ask questions about how the documents will work.
Will and testator
A will gives instructions for property passing through your probate estate after death. The person making the will is the testator. A will can also nominate a personal representative and guardians for minor children, subject to court appointment and applicable law.
A document prepared on a computer is not automatically a valid electronic will. Florida has execution requirements for traditional wills and separate provisions for electronic wills. The method of signing and witnessing matters, not simply the format in which the words were typed.
Beneficiary, heir, and intestacy
A beneficiary receives rights or property under an arrangement such as a will, trust, insurance policy, or retirement account. An heir is a person entitled to inherit under applicable intestacy law. The terms sometimes overlap, but they do not mean the same thing.
Intestacy is the statutory process for distributing probate property not effectively disposed of by a valid will. It does not necessarily govern property passing through a trust, survivorship ownership, or a valid beneficiary designation.
Personal representative
Florida uses the term personal representative for the fiduciary appointed to administer a probate estate. Other states may use executor or administrator. A will can nominate the person, but the court determines appointment and the person must qualify to serve.
The role can include gathering estate assets, addressing proper expenses and claims, handling required filings, and distributing property under the will or applicable law.
Trust, settlor, and trustee
A settlor creates or contributes property to a trust. The trustee manages trust property for the beneficiaries under the document and applicable law. A successor trustee is the person or institution designated to take over under the trust’s succession provisions.
A revocable trust generally allows its creator to change or revoke it under the applicable rules. An irrevocable trust restricts that ability, although particular modification or termination options may still be available.
Capacity and codicil
Capacity is the legal ability to make the particular decision involved. A medical diagnosis does not automatically answer that question. The legal standard and the person’s understanding at the relevant time matter.
A codicil amends a will and must be executed with the formalities required for a will. Depending on the changes, a codicil or a replacement will may be more suitable. Informal edits on a signed document can create uncertainty.
Power of attorney and health care surrogate
A financial power of attorney authorizes an agent to act within its terms. A health care surrogate designation addresses medical decisions and related authority. These documents serve different purposes from a will, which operates at death.
Contact Verras Law if you would like these terms explained in the context of your own plan. Questions are a welcome part of the process.
Sources: Florida probate definitions; Florida will execution and codicils; Florida electronic wills; Florida testamentary capacity.
Updated October 26, 2026.