End-of-life planning glossary: 50 terms every family should know
Plain-English definitions of 50 key end-of-life planning terms — from advance directive and probate to intestate succession and POLST.
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End-of-life planning involves a vocabulary that most people only encounter during some of the hardest moments of their lives. This glossary defines 50 key terms in plain English — so you can read a will, understand a hospice intake form, or talk with an estate attorney without feeling lost. Where a full guide exists on Passings, we link to it.
A
Advance directive
A legal document — or set of documents — that records your medical wishes in advance and designates who can make healthcare decisions for you if you cannot speak for yourself. The term is broader than "living will" and typically includes both your written instructions and the designation of a healthcare proxy. See also: What is an advance directive?
Administrator
A person appointed by the court to manage a deceased person's estate when no executor is named in a will, or when there is no will. The administrator performs the same duties as an executor — inventorying assets, paying debts, and distributing the estate — but is appointed by a judge rather than named in a document.
Anatomical gift
A donation of all or part of a body after death for medical education, research, or organ transplantation. Anatomical gifts are typically registered through a state donor registry or documented in a will or advance directive. Organ donation and whole-body donation to a medical school are both forms of anatomical gift.
B
Beneficiary
A person or organization designated to receive assets — such as a life insurance payout, retirement account balance, or trust distribution — upon the owner's death. Beneficiary designations on accounts supersede instructions in a will, making it critical to keep them current. Named beneficiaries on accounts typically bypass probate entirely.
Body donation
The act of donating one's body to a medical school or research institution after death. Accepted donations are typically cremated at no cost to the family, with remains returned afterward. Not all donations are accepted — eligibility depends on the institution and the circumstances of death.
C
Casket
A rectangular container used for burial or for viewing before cremation. Caskets range from economy metal options (around $900) to premium wood or bronze models ($10,000+). Under the FTC Funeral Rule, funeral homes must accept caskets purchased from third-party retailers and cannot charge a handling fee for doing so.
Cemetery deed
A legal document that conveys ownership rights to a burial plot or mausoleum crypt in a cemetery. A cemetery deed does not transfer fee-simple real property — it grants the right of interment in a specific location under the cemetery's rules and regulations.
Charitable remainder trust
An irrevocable trust that provides income to the grantor (or another named beneficiary) for life or a set term, after which the remaining assets pass to a designated charity. Charitable remainder trusts offer potential tax benefits and are typically used as part of a broader estate planning strategy.
Codicil
A written amendment to an existing will. A codicil must meet the same legal requirements as a will — typically including witnesses and, in some states, notarization. For significant changes, estate planning attorneys often recommend writing a new will rather than adding a codicil, to reduce the risk of ambiguity.
Conservatorship
A court-supervised legal arrangement in which a judge appoints a "conservator" to manage the financial affairs or personal care of an adult who has been found incapacitated. Conservatorship is distinct from guardianship (which covers personal decisions) and from a durable power of attorney (which is arranged voluntarily, before incapacity).
D
Death certificate
The official legal record of a person's death, documenting the date, time, location, and cause of death. Certified copies are required by banks, insurance companies, government agencies, and courts to process estate and benefits matters. Most families need 8–12 certified copies — more than they initially expect.
Decedent
The legal term for a person who has died. Used in estate, probate, and tax documents to refer to the deceased individual whose affairs are being settled.
Durable power of attorney
A legal document that authorizes a designated person (the "agent") to make financial decisions on another person's behalf. "Durable" means the authority remains in effect if the principal becomes incapacitated — making it a critical document for end-of-life planning. A separate healthcare power of attorney covers medical decisions.
E
Estate
Everything a person owns at the time of death — real property, financial accounts, personal property, and any legal claims. The estate is the pool of assets that goes through probate (for assets without beneficiary designations or joint ownership) or passes directly to beneficiaries outside of probate.
Executor
The person named in a will to carry out its instructions — inventorying the estate, notifying creditors, paying debts and taxes, and distributing assets to heirs. If no executor is named, the court appoints an administrator. See the estate planning checklist for a full picture of what executors manage.
F
Fiduciary
A person or institution with a legal duty to act in another party's best interest. Executors, trustees, healthcare proxies, and attorneys-in-fact are all fiduciaries. A fiduciary must prioritize the interests of the beneficiary or principal above their own.
Final expense insurance
A type of whole life insurance policy with a relatively small death benefit (typically $5,000–$25,000), designed specifically to cover funeral costs, medical bills, and other end-of-life expenses. These policies are often easier to qualify for than traditional life insurance because they require minimal or no medical underwriting.
Funeral directive
A document recording a person's preferences for their own funeral and disposition — such as whether they prefer burial or cremation, what kind of service they want, and any specific wishes about music, readings, or attendees. A funeral directive is not legally binding in most states but provides clear guidance that relieves family members of having to guess.
Funeral trust
A financial account or insurance product that holds pre-paid funeral funds. Funeral trusts are regulated at the state level. Some states require that pre-paid funds be placed in trust or used to purchase an insurance product; requirements vary significantly by state and funeral home.
G
Graveside service
A memorial or committal service held at the gravesite, typically immediately following or instead of a funeral home ceremony. Graveside services are often shorter and less formal, and they can be a lower-cost option compared to a full funeral home arrangement.
Green burial
Natural burial without embalming, using a biodegradable casket or shroud in a cemetery that permits natural decomposition. Green burial eliminates several major cost components of traditional burial and has a significantly smaller environmental footprint. See the green burial guide for more detail.
Guardian
A person appointed by a court to make personal decisions — including healthcare and living arrangements — for a minor child or an incapacitated adult. Guardianship is distinct from conservatorship (which covers financial decisions). Parents can nominate a guardian for minor children in their will.
H
Healthcare proxy
A person designated to make medical decisions on someone's behalf if that person cannot communicate their own wishes. Also called a healthcare agent or healthcare power of attorney. A healthcare proxy should be familiar with the principal's values and comfortable advocating in a medical setting. See: advance directive vs. living will.
Holographic will
A will that is entirely handwritten and signed by the testator, without witnesses. Holographic wills are recognized in about half of US states. Where permitted, they are legally valid — but they are more vulnerable to challenges and interpretation disputes than witnessed, notarized wills.
Hospice
A specialized model of care focused on comfort rather than curative treatment for people with a terminal illness and a life expectancy of six months or less (if the illness runs its expected course). Hospice provides medical, emotional, and spiritual support for both the patient and family. See: What is hospice care?
I
Immediate burial
Burial that takes place promptly after death, without embalming or a formal viewing. Immediate burial is one of the lowest-cost disposition options — typically $1,500–$4,000 — because it eliminates embalming, casket display, and facility rental for viewing.
Insolvent estate
An estate in which debts exceed assets. When an estate is insolvent, creditors are paid in a priority order defined by state law, and heirs receive nothing from those assets. Heirs do not personally inherit the deceased's debts unless they were a co-signer or joint account holder.
Intestate
The condition of dying without a valid will. When someone dies intestate, their estate is distributed according to the state's intestacy laws — a statutory formula based on family relationships. Intestacy laws may distribute assets differently than the deceased would have wished, particularly for unmarried partners and stepchildren. See: what is probate?
Irrevocable trust
A trust that, once established, generally cannot be modified or revoked by the grantor. Assets transferred into an irrevocable trust are removed from the grantor's taxable estate, which can have estate tax and Medicaid planning benefits. Compare to a revocable trust, which the grantor can change or dissolve during their lifetime.
J–K
Joint tenancy
A form of shared property ownership in which two or more people hold equal, undivided shares, and in which the surviving owner(s) automatically inherit the deceased owner's share — bypassing probate. Joint tenancy with right of survivorship is commonly used for real estate and bank accounts between spouses.
L–M
Letters testamentary
A court document issued by the probate court that officially authorizes an executor to act on behalf of the estate — opening accounts, selling property, and distributing assets. Financial institutions typically require letters testamentary before allowing an executor to access or close a deceased person's accounts.
Life estate
A form of property ownership that gives a person the right to use or occupy real property for the duration of their life. When the life tenant dies, ownership passes automatically to the "remainder beneficiary" — without going through probate. Life estates are sometimes used in Medicaid planning.
Living trust
A trust created during the grantor's lifetime that holds assets and passes them to beneficiaries after death, outside of probate. A revocable living trust can be changed or dissolved by the grantor at any time. A living trust only controls assets that have been formally transferred into it — unfunded trusts provide no probate-avoidance benefit.
Living will
A legal document that records your specific wishes for medical treatment — such as whether you want CPR, mechanical ventilation, or a feeding tube — if you are incapacitated and cannot communicate. A living will speaks for you when you cannot speak, but it does not authorize another person to make decisions outside the scenarios it covers. See: advance directive vs. living will.
Memorial service
A service held to honor a person who has died, typically without the body or ashes present. Memorial services can be held days, weeks, or even months after death, and at any location — a home, park, house of worship, or community space. They are often combined with direct cremation as a lower-cost, flexible alternative to a traditional funeral.
Muniment of title
A simplified legal procedure available in some states (including Texas) that allows real property to pass to heirs without full probate, using the will itself as a deed of transfer. Available only in limited circumstances — typically when the estate has no debts and real property is the primary asset.
N–P
Notarization
The process of having a document certified by a licensed notary public, who verifies the identity of the signer and witnesses their signature. Many estate planning documents — including wills, powers of attorney, and advance directives — require notarization to be legally effective. Requirements vary by state.
Obituary
A published notice of a person's death, typically including a brief biography, a list of surviving family members, and information about memorial services. Obituaries are published in local newspapers, on funeral home websites, and on memorial platforms. See: how to write an obituary.
Per stirpes
A Latin legal term meaning "by the branch." In a per stirpes distribution, if a beneficiary predeceases the testator, that beneficiary's share passes to their descendants rather than being redistributed among the surviving beneficiaries. Per stirpes is commonly used in wills to ensure that a deceased child's share passes to their own children (the testator's grandchildren).
POLST
Physician Orders for Life-Sustaining Treatment. A medical form — signed by a physician or other authorized clinician — that translates a patient's end-of-life wishes into actionable medical orders. Unlike an advance directive (which is a planning document), a POLST is a medical order that travels with the patient and is immediately actionable by emergency responders and hospital staff. Availability and form names vary by state.
Power of attorney
A legal document that authorizes one person (the "agent") to act on behalf of another (the "principal") in legal or financial matters. A durable power of attorney remains effective if the principal becomes incapacitated. A healthcare power of attorney covers medical decisions. A general power of attorney typically terminates upon incapacity. See: power of attorney for end-of-life planning.
Probate
The court-supervised legal process of verifying a will, settling debts, and distributing a deceased person's assets to heirs. Not all assets go through probate — accounts with named beneficiaries and jointly held property pass outside it. For a full explanation of when probate applies and how to simplify or avoid it, see: what is probate? and the probate process explained.
Q–R
Revocable trust
A trust that the grantor can modify, add assets to, or dissolve at any time during their lifetime. At death, the trust becomes irrevocable, and a successor trustee distributes assets to beneficiaries according to the trust terms — bypassing probate. Also called a living trust. The most common estate planning trust for middle-income families.
S
Small estate affidavit
A simplified legal procedure that allows heirs to claim assets from a small estate — typically under a state-defined threshold ($25,000–$200,000, depending on state) — without going through full probate. An heir signs a sworn statement attesting to the value of the estate and their entitlement to the assets. Requirements vary significantly by state.
Special needs trust
A trust designed to hold assets for a beneficiary with a disability without disqualifying them from means-tested government benefits such as Medicaid or SSI. Assets in a properly structured special needs trust are generally not counted as the beneficiary's own assets for eligibility purposes. Also called a supplemental needs trust.
Successor trustee
The person or institution designated to manage a trust after the original trustee is unable to do so — due to death, incapacity, or resignation. In a revocable living trust, the grantor is typically the initial trustee; the successor trustee takes over when the grantor dies or becomes incapacitated, and administers the trust on behalf of the beneficiaries.
T
Testate
The condition of dying with a valid will in place. A person who dies testate has documented how they want their estate distributed, which simplifies the probate process and reduces the risk of disputes among heirs. Compare to intestate (dying without a will).
Testator
The person who creates and signs a will. The testator must be of legal age (18 in most states) and of "sound mind" — meaning they understand the nature of making a will, the extent of their property, and who their natural heirs are — at the time of signing.
Trust
A legal arrangement in which one party (the trustee) holds and manages assets on behalf of another (the beneficiary), according to the terms set by the person who created the trust (the grantor). Trusts can be revocable or irrevocable, and can be used to manage assets during life, plan for incapacity, avoid probate, and minimize estate taxes.
U–Z
Will
A legal document that expresses a person's wishes for how their estate should be distributed after death, names an executor to carry out those wishes, and — for parents of minor children — nominates a guardian. A will must go through probate to take effect. It does not control assets that pass by beneficiary designation or joint ownership. See: how to write a will.
What Passings Can Help With
Passings includes a guided planning checklist that walks through the key decisions covered in this glossary — from designating a healthcare proxy to documenting funeral preferences and reviewing beneficiary designations. The document vault gives your family a secure place to store your will, advance directive, power of attorney, and other critical documents so they are accessible when it matters most.
The end-of-life documents checklist and estate planning checklist are good starting points if you want to know what to prioritize first.
Frequently asked questions
How do I use this glossary — where should I start?
Start with the terms that apply to your immediate situation. If you are planning ahead for yourself, begin with advance directive, living will, healthcare proxy, power of attorney, and will — these five documents form the foundation of any complete end-of-life plan. If you are helping settle a loved one's estate, start with probate, executor, letters testamentary, and death certificate.
What is the single most important term for families to understand?
Beneficiary designation is among the most consequential — and most overlooked. A named beneficiary on a retirement account, life insurance policy, or bank account supersedes whatever the will says. Keeping beneficiary designations current is one of the simplest and highest-impact estate planning actions most people can take, and it requires no attorney.
What should I prioritize if I haven't started any end-of-life planning?
Focus on three documents first: a will (to direct who receives your assets and who cares for minor children), a durable power of attorney (to authorize someone to manage your finances if you are incapacitated), and an advance directive that includes both a living will and a healthcare proxy designation. These four documents cover the most common end-of-life scenarios and can be completed with an estate planning attorney in a single meeting. The estate planning checklist walks through the full list of what to address.
Disclaimer — For informational purposes only
This article is compiled from publicly available resources and is provided solely for general informational purposes. It does not constitute and should not be relied upon as legal, financial, tax, insurance, medical, psychological, or other professional advice. Passings is a planning and organizational platform, not a licensed advisory service, and no attorney-client, financial advisor-client, or other professional relationship is created by reading this content.
Laws, regulations, financial products, and professional standards vary by state and change over time. Passings makes no representations or warranties — express or implied — regarding the accuracy, completeness, timeliness, or suitability of any information contained herein. To the fullest extent permitted by applicable law, Passings disclaims all liability for any loss, damage, or harm arising from your use of or reliance on this content. Always consult a qualified, licensed professional — including an attorney, financial advisor, CPA, or licensed counselor — before making decisions specific to your situation.
Content is compiled from publicly available resources for general informational purposes only. It is not legal, financial, tax, medical, or professional advice. Passings disclaims all liability arising from reliance on this content. Consult a qualified professional for guidance specific to your situation.
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