Glossary of Probate Terms
Get to know some of the most common terms of the industry with our ABCs of probate. Click a letter in the bar below to jump to that section.
A
Administrator (or Administratrix)
A person appointed via Letters of Administration to deal with the estate of the Deceased upon intestacy.
Administration (with Will annexed)
If the executors named in a Will not be in a position to act, Letters of Administration are usually granted to next of kin to enable the estate to be dealt with as per the terms of the Will.
Administration
When a person dies intestate (i.e. without leaving a Will), a relative will be appointed to enable them to make a distribution of funds to the beneficiaries once the assets and liabilities have been identified and settled. Also called Letters of Administration.
B
Bona Vacantia
Term meaning “ownerless goods” referring to instances where someone dies with no known next of kin or heirs.
Beneficiary
A person entitled to receive assets from an estate – either under a will (testate) or through intestacy laws.
C
Commission (or ‘Contingency’) fee
The fee paid to probate researchers (or “heir hunters”) only upon successful identification and recovery of assets for heirs.
Codicil
A document that amends or adds to a previously executed will.
Caveat
A warning notice lodged with the probate court to prevent a Grant of Representation being issued.
E
Executor Dative (or Executrix Dative)
The person appointed to deal with the administration of a Scottish intestacy.
Executor (or Executrix)
The person named by the Testator who is responsible for ensuring the terms of the Will are carried out.
Estate
All assets and liabilities of a deceased person at the time of death.
G
Grant of Representation
A grant giving someone the legal right to deal with the Deceased’s estate. A Grant of Probate refers to testate estates. A Grant of Letters of Administration refers to an intestate estate.
Grant of Representation
A generic term for the legal document that empowers someone to administer an estate. In Ontario, this is known as a Certificate of Appointment of Estate Trustee—either with or without a will.
Grant of Probate
The court-issued document in testate cases confirming the will’s validity and appointing the executor (estate trustee).
Genealogy
The study of families, the family history, and their lineages.
H
Heirs to Unclaimed Funds
Funds and Assets that have been left unclaimed.
Heir Hunters
Popular term for Probate Researchers, Probate Genealogists, Forensic Genealogists or Heir Locators (as a result of the BBC’s “Heir Hunters” series).
I
Intestate
A person who dies without leaving a Will.
Intestacy Laws
The rules which determine what happens to an estate when a person dies intestate.
Intestacy
The condition of the Deceased’s estate where they have died without leaving a Will.
Inheritance Tax
A tax levied against the Deceased’s estate when valued above a certain threshold.
L
Letters of administration
See Administration and Grant of Representation.
Legatee
A beneficiary named in the Deceased’s Will.
M
Missing Beneficiary Indemnity Insurance
An insurance policy providing protection for the Administrator and beneficiaries of an estate against any future claims from potential heirs not included in the estate distribution.
N
Net entitlement
The final amount distributed to beneficiaries after all estate liabilities and taxes have been settled.
P
Probate Genealogists / researchers
Professional genealogical researchers who undertake research to trace a Deceased’s next of kin and heirs.
Probate
The court process that validates a will and authorizes the executor or personal representative to administer the estate.
Partial Intestacy
Where part of a Testator’s Will fails (usually upon a beneficiary predeceasing) which passes to next of kin as per an intestacy.
R
Residuary Estate
The remaining assets in an estate after all specific gifts and debts have been settled.
Renunciation
A formal document by which a nominated executor declines to act in that role.
T
Treasury Solicitor’s Office (Bona Vacantia Division)
The Treasury Solicitor acts on behalf of the Crown via the Government legal Department to claim estates of deceased persons who die with no known entitled relatives.
Testator / Testatrix
The person who made the will.
Testator (or Testatrix)
The Deceased who has made a Will.
Testamentary or Intestate Succession
Refers, respectively, to inheritance laws governing estates when there is a valid will (testamentary) or not (intestate).
W
Will (Last Will and Testament)
A legal document stating how a person wishes their assets to be distributed after death.
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