Probate Glossary

A

Administrator

A person appointed to administer an estate when there is no valid will or no executor is able to act. They receive Letters of Administration from the Probate Registry.

Asset

Anything owned by the deceased that has value.

Examples include:

• Property 
• Bank accounts 
• Investments 
• Vehicles 
• Jewellery 
• Shares 
• Personal possessions 

B

Beneficiary

A person or organisation entitled to inherit from the estate under a will or the rules of intestacy.

Bona Vacantia

A legal term meaning “ownerless goods.”

If someone dies without a valid will and no eligible relatives can be found, their estate may pass to the Crown.

C

Codicil

A legal document used to amend or add to an existing will without replacing the entire document.

Contested Will

A will that is being legally challenged, often because of concerns about validity, undue influence or lack of mental capacity.

D

Death Certificate

An official document confirming a person’s death.

Executors usually need several certified copies when administering an estate.

Debts

Money owed by the deceased, including:

• Mortgages 
• Loans 
• Credit cards 
• Utility bills 
• Tax liabilities 

These are generally paid before inheritance is distributed.

E

Estate

Everything owned and owed by the deceased at the time of death.

The estate includes:

• Assets 
• Property 
• Investments 
• Debts 
• Personal belongings 

Estate Accounts

Financial records prepared by the executor or administrator showing:

• Assets collected 
• Debts paid 
• Expenses 
• Taxes 
• Distributions to beneficiaries 

Estate Administration

The legal process of collecting assets, paying debts and distributing the estate after someone dies.

Executor

The person appointed in a will to administer the estate after death.

F

Funeral Expenses

Reasonable funeral costs are usually paid from the deceased’s estate before inheritance is distributed.

G

Grant of Probate

The legal document issued by the Probate Registry confirming that an executor has authority to administer the estate.

H

HM Revenue & Customs (HMRC)

The UK government department responsible for taxation, including Inheritance Tax.

I

Inheritance

Money, property or possessions received from someone’s estate after their death.

Inheritance Tax (IHT)

A tax that may apply to some estates depending on their value and the available reliefs and exemptions.

Intestacy

The legal rules that determine who inherits when someone dies without leaving a valid will.

J

Joint Tenants

A type of property ownership where, on the death of one owner, their share usually passes automatically to the surviving owner(s).

L

Letters of Administration

The legal document issued where there is no valid will (or no executor able to act), giving an administrator authority to manage the estate.

M

Mirror Wills

Separate but similar wills, often made by spouses or civil partners, that typically leave assets to each other before passing them to other beneficiaries.

O

Original Will

The signed version of the will that is generally required when applying for probate.

P

Probate

The legal process of administering a deceased person’s estate.

Probate Registry

The government office responsible for processing probate applications and issuing Grants of Probate and Letters of Administration.

Personal Representative

A collective legal term for both executors and administrators responsible for administering an estate.

R

Residuary Estate

The part of the estate remaining after:

• Debts have been paid 
• Taxes have been settled 
• Specific gifts have been distributed 

Residuary Beneficiary

A person who receives all or part of the residuary estate.

S

Specific Gift

A particular item left to a named beneficiary, such as:

• Jewellery 
• A vehicle 
• Artwork 
• A property 

Sole Ownership

Property or assets owned entirely by one person.

Probate is often required before these assets can be transferred or sold.

T

Tenants in Common

A form of joint property ownership where each owner has a separate share that can be left under their will.

Trust

A legal arrangement where assets are managed by trustees for the benefit of another person or group.

U

Undue Influence

Improper pressure placed on someone when making or changing their will.

Claims of undue influence can lead to disputes over the validity of a will.

V

Valuation

The process of determining the value of assets for probate and tax purposes.

W

Will

A legal document setting out how a person’s estate should be distributed after death.

Witness

A person who observes someone signing a will and confirms that it was signed correctly.

Common Probate Acronyms