Glossary and FAQ
Glossary of 40 terms
Updated September 2, 2026
These short definitions explain terms used throughout our knowledge base. They're simplified, and Texas law supplies the full details.
Assumed name certificate
A filing that lets a business operate under a name other than its legal name, often called a DBA.
Attorney ad litem
An attorney the court appoints to represent someone who can't represent themselves, such as unknown heirs in an heirship case.
Beneficiary
A person or organization that receives property under a will, trust, insurance policy, or account designation.
Certificate of formation
The document filed with the Texas Secretary of State (SOS) to create an LLC or corporation.
Closing Disclosure
A form a mortgage lender generally must deliver at least three business days before closing, showing final loan terms and costs.
Codicil
A written amendment to a will, signed with the same formalities as the will itself.
Community property
In Texas, property either spouse acquires during marriage, other than by gift or inheritance. Each spouse generally owns half.
Company agreement
The Texas term for an LLC's operating agreement, covering ownership, management, profits, and buyouts.
Conflict check
The review we complete before discussing a matter, confirming that representing you won't conflict with our duties to other clients.
Deed
A signed document that transfers ownership of real estate.
Deed of trust
The document that makes a home the security for a mortgage loan, allowing foreclosure if the loan isn't repaid.
Directive to physicians
A Texas document, often called a living will, stating your wishes about life-sustaining treatment.
Earnest money
Money a home buyer deposits with the escrow agent, usually the title company, to show commitment. It's usually credited to the buyer at closing.
Easement
A right for someone else, such as a utility company, to use part of a property for a specific purpose.
Engagement letter
Our written agreement describing the scope of work, fees, and responsibilities. Representation begins once it's signed and the first payment or retainer is received.
Executor
The person named in a will, and appointed by the court, to settle an estate.
Flat fee
A fixed price for a defined scope of legal work, agreed in writing before the work begins.
Franchise tax
A Texas tax on most LLCs and corporations. Many small businesses owe none but still file an annual report with the Texas Comptroller.
Heirs
The people who inherit under Texas law when someone dies without a will.
Holographic will
A will written entirely in the person's own handwriting and signed by them. In Texas, it doesn't need witnesses.
Homestead
A person's primary residence, which receives special protections under Texas law and may qualify for a property tax exemption.
Independent administration
A Texas probate process in which the executor settles the estate with limited court supervision.
IOLTA trust account
A lawyer's trust account that holds client funds, such as retainers, separately from the firm's own money.
Letters testamentary
The court-issued document that proves an executor's authority to act for an estate.
Medical power of attorney
A document naming an agent to make health care decisions when your doctor determines you can't make them yourself.
Muniment of title
A streamlined Texas probate option in which the court's order admitting a will transfers property without appointing an executor.
Option period
The negotiated period in a TREC contract when a buyer who paid an option fee can terminate for any reason.
Pour-over will
A will that moves any assets left outside a revocable living trust into the trust at death.
Probate
The court process that validates a will or identifies heirs, appoints a representative, handles debts, and transfers property.
Registered agent
The person or company designated to receive lawsuits and official notices for a business at a Texas street address.
Retainer
An advance deposit toward hourly fees, held in our trust account and applied as fees are billed.
Revocable living trust
A trust you can change during your lifetime that holds your assets and can pass them to beneficiaries without probate.
Self-proving affidavit
A notarized statement attached to a will that lets the court admit it without testimony from the witnesses.
Small estate affidavit
A simplified Texas procedure for some smaller estates without a will, approved by the court in place of a full administration.
Statutory durable power of attorney
A Texas form naming an agent to handle your finances, which stays effective if you become incapacitated.
Survey
A drawing by a licensed surveyor showing a property's boundaries, improvements, easements, and any encroachments.
Title commitment
A title insurance company's promise to issue a title policy at closing once listed requirements are met.
Trademark
A word, name, logo, or slogan that identifies the source of goods or services.
Transfer on death deed
A Texas deed, recorded before the owner's death, that names who receives the real estate at death without probate.
TREC (Texas Real Estate Commission)
The state agency that licenses real-estate agents and promulgates the standard contract forms used in most Texas home sales.
This is general information, not legal advice.