Glossary of UK Probate Terms
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.
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.
Administrator (or Administratrix)
A person appointed via Letters of Administration to deal with the estate of the Deceased upon intestacy.
Beneficiary
A person entitled to benefit from an intestacy, a Will or other asset.
Bona Vacantia
Term meaning “ownerless goods” referring to instances where someone dies with no known next of kin or heirs.
Caveat
A warning notice lodged with the probate court to prevent a Grant of Representation being issued.
Codicil
An amendment made by the Deceased to their Will.
Commission (or ‘Contingency’) fee
The fee due to the probate researchers (or heir hunters) only upon successful location of beneficiaries; usually represented as a percentage.
Estate
An Estate consists of the Deceased’s assets (property, bank accounts, etc) and any outstanding debts/taxes (mortgage, inheritance tax, etc).
Executor (or Executrix)
The person named by the Testator who is responsible for ensuring the terms of the Will are carried out.
Executor Dative (or Executrix Dative)
The person appointed to deal with the administration of a Scottish intestacy.
Heir Hunters
Heirs to Unclaimed Funds
Popular term for Probate Researchers, Probate Genealogists, Forensic Genealogists or Heir Locators (as a result of the BBC’s “Heir Hunters” series).
Funds and Assets that have been left unclaimed.
Inheritance Tax
A tax levied against the Deceased’s estate when valued above a certain threshold.
Intestacy
The condition of the Deceased’s estate where they have died without leaving a Will.
Intestacy Laws
The rules which determine what happens to an estate when a person dies intestate.
Intestate
A person who dies without leaving a Will. Also see Administration.
Legatee
A beneficiary named in the Deceased’s Will.
Letters of administration
See Administration and Grant of Representation.
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.
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.
Probate
Probate is the evidence that a Will has been accepted by the court to enable the Executor(s) to act in accordance with the terms set out therein.
Probate Genealogists / researchers
Professional genealogical researchers who undertake research to trace a Deceased’s next of kin and heirs.