Estate Planning Glossary: 26 Terms Explained in Plain English
By Joshua Harden, Attorney | Memento Mori Law
Estate planning can feel unnecessarily complicated when every conversation introduces unfamiliar legal terms. This glossary explains common words in everyday language so you can ask better questions and make informed choices. It is a starting point, not a substitute for advice about your own documents.
Key Points at a Glance
A will, trust, power of attorney, and health care directive serve different legal purposes.
Probate, beneficiary designations, and property title affect how assets pass after death.
Executors, trustees, guardians, and conservators have different sources of authority and duties.
The legal meaning and effect of a document depend on its wording and Kansas or Missouri law.
Estate plan
The combination of documents, beneficiary arrangements, and property ownership choices used to plan for incapacity and death. It can include a will, trust, powers of attorney, and health care directives.
Will
A document directing the disposition of certain property at death and commonly nominating a personal representative or guardian. A will does not by itself avoid probate.
Testator
A person who makes a will.
Probate
A legal process for administering a deceased person's estate, including addressing assets, debts, and distributions when required.
Intestacy
The situation when someone dies without a valid will governing their probate estate. State law generally determines the heirs and their shares.
Executor or personal representative
The person legally authorized to administer a probate estate. Being named in a will does not always confer immediate authority without court appointment.
Beneficiary
A person or organization designated to receive property under a will, trust, account, or insurance policy.
Heir
A person entitled to inherit under applicable intestacy law. An heir and a named beneficiary are not necessarily the same.
Revocable living trust
A trust commonly created during life that can generally be amended or revoked by its settlor while legally authorized and capable. Assets must be properly placed in the trust for the arrangement to govern them.
Trustee
The person or institution responsible for administering trust property under the trust terms and applicable law.
Successor trustee
The person or institution designated to take over trust administration when the current trustee cannot or no longer serves.
Settlor or grantor
The person who establishes a trust. Terminology can vary.
Trust funding
The process of transferring or coordinating ownership of assets with a trust. Signing a trust agreement does not automatically retitle every asset.
Pour-over will
A will commonly used alongside a living trust to direct certain probate assets into the trust. Assets governed by the will may still require probate.
Power of attorney
A document authorizing an agent to act on specified matters for another person.
Durable power of attorney
A power of attorney intended to remain effective during the principal's incapacity, subject to its terms and applicable law.
Agent
A person authorized to act for someone else under a power of attorney. An agent must act within the authority granted and applicable duties.
Health care directive
A document expressing medical wishes or appointing a health care decision-maker, depending on its form and state law.
Guardianship
A court-supervised arrangement that may authorize someone to make specified personal decisions for another person.
Conservatorship
A court-supervised arrangement concerning management of another person's property or financial affairs; details differ by state.
Transfer-on-death deed
A deed intended to transfer real property to a named beneficiary at death if statutory requirements are met. It generally does not transfer current ownership merely by naming a beneficiary.
Joint tenancy with right of survivorship
A form of co-ownership in which an owner's interest may pass to the surviving co-owner under applicable law. Not all joint ownership creates survivorship rights.
Payable-on-death designation
An account instruction that may direct funds to a named beneficiary at the owner's death, subject to account terms and law.
Codicil
A formal amendment to a will that must meet applicable legal requirements.
Fiduciary
A person who must act under legal duties for another person or estate, such as a trustee or personal representative.
Estate tax versus inheritance tax
Different types of taxes that can arise in estate transfers; applicability depends on current law, the estate, and the parties involved. Income taxes and other obligations may also matter.
How These Terms Fit Together
For example, a will may name an executor to administer probate assets, while a trust may name a successor trustee to manage trust property. A power of attorney generally concerns decisions during life, not authority after death. The correct combination depends on what you own and how it is titled.
Kansas and Missouri law may use different procedures and requirements. At Memento Mori Law, attorney Joshua Harden can explain how these terms apply to your particular family and property.
How to Use This Glossary
Start with the documents you already have and highlight unfamiliar words. Identify who serves in each role and which assets the document covers. A trustee and an executor may be the same person, but they administer different property under different authority.
If you are preparing to meet an attorney, bring the document and ask what each term means in your specific circumstances. A definition may be straightforward while the legal effect depends on the exact wording and the state involved.
Commonly Confused Terms
A beneficiary receives property under a document or designation; an heir may inherit under intestacy law. A guardian generally addresses personal decisions, while a conservator generally addresses financial affairs. A financial power of attorney concerns authority during life, while an executor's role generally arises after death.
Probate avoidance is not the same as avoiding debts, taxes, or administration. A trust may avoid probate for properly funded assets while still requiring careful management and distribution.
Kansas and Missouri: Legal Rules and Sources
Signing and Changing a Will
Kansas: K.S.A. 59-606 generally requires a written will signed at the end by the testator or a person signing in the testator’s presence at the testator’s express direction, and attested by at least two competent witnesses who see the signature or hear an acknowledgment. The statute provides special rules and a narrow oral-will exception under K.S.A. 59-608. A notary alone does not replace proper witnesses.
Missouri: RSMo 474.320 establishes the traditional signed-and-witnessed will requirements. Effective August 28, 2025, Missouri also recognizes qualifying electronic wills under RSMo 474.540–474.564, including section 474.548, which permits two witnesses to sign in the testator’s physical or electronic presence subject to statutory requirements. Electronic wills are not simply unsigned PDFs or online templates. Marriage, divorce, amendments, and nonprobate beneficiary designations must be reviewed separately.
Authority to Act During Life
Kansas: K.S.A. 58-652 sets out formal requirements for a durable financial power of attorney, including language establishing durability, signature, date, and acknowledgment requirements. A durable power can continue despite incapacity, but it does not give unlimited powers. Recorded powers and their revocation may raise additional recording requirements.
Missouri: RSMo 404.705 addresses the language and requirements for a durable power of attorney, while RSMo 404.710 addresses the scope of general powers and statutory limitations. An agent’s authority depends on the document and the law; some transactions need express authorization. Neither a financial power of attorney nor a medical directive should be assumed to cover every decision.
Explore Related Articles
Missouri Electronic Wills and Estate Documents: 2025 Law
Missouri enacted the Uniform Electronic Wills Act effective August 28, 2025 (RSMo 474.540–474.564). Section 474.548 recognizes electronic wills executed with the specified testator signature and two witness signatures in physical or electronic presence. This does not make every emailed, typed, scanned, or electronically signed document a valid will. The statutory definitions, execution formalities, custody and certified-copy rules, and the specific document must be evaluated.
Separately, RSMo 474.560 authorizes electronic execution of qualifying estate planning documents such as powers of attorney, trusts, beneficiary deeds, and health care directives, subject to other applicable legal requirements. Section 474.560 does not replace the special electronic-will rules. Kansas execution and recording requirements are separate and should not be assumed identical.
Missouri Electronic Wills: 2025 Law and Witness Requirements
Missouri enacted a separate electronic-wills framework effective for wills of decedents who die on or after August 28, 2025. RSMo 474.548 permits a qualifying electronic will to be signed by the testator (or another individual at the testator’s direction and in the testator’s physical presence) and signed by at least two witnesses in the testator’s physical or electronic presence, subject to the statute. RSMo 474.540 through 474.564 contain additional definitions, requirements, and rules for electronic wills. The separate RSMo 474.560 rule authorizing electronic witnessing of other estate-planning documents excludes wills from that particular provision, but does not prohibit electronic wills under RSMo 474.548. A video call or electronic signature alone does not guarantee a valid will; the complete electronic-wills framework must be satisfied. Kansas will execution and electronic-record requirements must be considered separately.
Have Questions About Your Estate Plan?
Every family’s circumstances are different. If you have questions about estate planning, probate, trusts, or protecting your loved ones in Kansas or Missouri, schedule a free consultation with Joshua Harden of Memento Mori Law.
Important Legal Disclaimer
Legal Information, Not Individual Legal Advice. This article provides general educational information about Kansas and Missouri law as of October 2026. Legal outcomes depend on the specific facts, applicable jurisdiction, the language and validity of documents, deadlines, court orders, and changes in statutes, regulations, and case law. An exception or additional requirement may apply even if it is not discussed here. Do not sign or change a will, trust, deed, power of attorney, beneficiary designation, or other legal document; transfer assets; miss a deadline; or take action in a court matter based solely on this article. Consult a qualified attorney about your particular circumstances before acting. Reading this article or contacting Memento Mori Law does not, by itself, create an attorney-client relationship.
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