The following list of terms are commonly referenced when matters relate to probate.

 

Title Description
Administration
This is the process of collecting the assets, paying the debts and distributing the balance of a deceased’s estate according to the will of a deceased person.  If there is no will, or the will does not dispose of the deceased’s estate in whole or in part, then the undisposed of estate is distributed in accordance with the rules of intestacy.
Administrator
A person appointed by the Court to administer the estate of a deceased person when a person dies intestate, or when an executor is not appointed by will, or when the executor does not or cannot act.
Executor
A person appointed by will to administer the estate of a deceased person.
Grant of representation (“GRANT”)
A certificate issued under seal by the Court appointing an administrator, or authenticating the right of an executor, to administer the estate of a deceased person and vesting title to assets in the executor or the administrator.
Intestate
A person dying without a will or a valid will.  A person is said to die partially intestate when a will does not dispose of the whole of the deceased’s assets.  For example, the will may only appoint an executor or dispose of part only of the deceased’s assets; see administration.
Letters of administration
A grant by the Court appointing an administrator to administer the estate of a deceased person.
Letters of administration with the will annexed
A grant by the Court appointing an administrator when there is a will but no executor or when the executor does not or cannot act.
Personal applicant
A person who seeks to obtain a grant without the intervention of a practitioner.
Personal representative
An executor or administrator
Probate A grant by the Court certifying that the deceased’s will is valid or “proved” and that authority to administer the estate has been granted to the executor.
Will
A document whereby a testator disposes of the testator’s property on death and usually appointing an executor to administer the estate.