Probate Glossary (A–Z)

Understanding Probate, Estate Administration and Inheritance Terminology


Whether you're administering an estate, acting as an executor, tracing beneficiaries or simply trying to understand probate, our comprehensive glossary explains the most common legal and estate administration terms in plain English.



From Administrator to Will, we've created this guide to help individuals, families and professional advisers better understand the probate process.

Introduction

Probate and estate administration often involve unfamiliar legal terminology that can be confusing, particularly during an already difficult time.


This glossary explains the most frequently used probate, inheritance and genealogy terms in straightforward language. Whether you're dealing with an intestate estate, acting as an executor or beneficiary, or simply researching a legal term, you'll find clear explanations throughout this guide.



If you cannot find the definition you're looking for, our team is always happy to help.

A

Administrator

An Administrator is the person legally appointed to deal with the estate of someone who has died without leaving a valid Will, or where no executor is able or willing to act.


An Administrator has responsibilities similar to an executor and may need to apply for Letters of Administration before collecting assets, paying debts and distributing the estate.


Related Terms

Letters of Administration

Executor

Intestate


Assets

Assets are everything owned by the deceased that has a financial value.

This may include:


  • Property
  • Bank accounts
  • Investments
  • Shares
  • Personal possessions
  • Vehicles
  • Premium Bonds
  • Business interests
  • Digital assets


Assets are used to calculate the total value of an estate for probate and Inheritance Tax purposes.


B

Beneficiary

A beneficiary is a person, organisation or charity entitled to inherit from an estate under either:

  • a valid Will
  • the Rules of Intestacy


Beneficiaries may inherit money, property, personal possessions or a share of the residue of an estate.


Bequest

A bequest is a gift left to someone in a Will.


Examples include:

  • Money
  • Jewellery
  • Furniture
  • Collections
  • Family heirlooms


E

Estate

An estate is everything owned by a person at the date of their death, including all assets and liabilities.

The estate is administered before being distributed to beneficiaries.


Executor

An executor is the person appointed within a Will to administer the deceased's estate.


Their duties include:

  • Registering the death
  • Applying for Probate
  • Collecting assets
  • Paying debts
  • Distributing the estate


G

Grant of Probate

A Grant of Probate is the legal document issued by the Probate Registry confirming an executor's authority to administer an estate where a valid Will exists.


Without this document, many financial institutions cannot release funds.


I

Inheritance Tax

Inheritance Tax (IHT) is a tax payable on some estates when their value exceeds the available tax-free allowances.


The amount payable depends on the value of the estate and available reliefs.


Intestate

Someone who dies without leaving a valid Will is said to have died intestate.


Their estate will be distributed according to the Rules of Intestacy, rather than their personal wishes.


L

Letters of Administration

Letters of Administration are issued when there is no valid Will or no executor able to act.


This document gives an Administrator legal authority to deal with the estate.


P

Personal Representative

A Personal Representative is the legal term covering both:

  • Executors
  • Administrators


They are responsible for administering the estate.


Probate

Probate is the legal process of administering a deceased person's estate.

This usually includes:

  • identifying assets
  • paying debts
  • calculating tax
  • distributing inheritance


R

Residue

The residue is what remains of an estate after:

  • Funeral expenses
  • Debts
  • Taxes
  • Administration costs
  • Specific gifts


have all been paid.


T

Testator

The Testator is the person who makes a Will.


Trustee

A Trustee manages assets on behalf of beneficiaries under a Trust.


W

Will

A Will is a legal document explaining how someone wishes their estate to be distributed after death.



A properly drafted Will can reduce delays, minimise disputes and ensure assets pass according to personal wishes.

Related Guides

Further Information