Glossary

The terms used in the area of probate are not often used in other areas of our lives.   Understanding the definitions is a good first step.  Below is a list of the words you need to become familiar with in order to communicate effectively with your Atlanta Probate Attorney or with the Probate Court of your county.

Administrator - The person who administers a decedent’s estate when there is no Will.  This is the same job as the Executor (see below).  The only difference is whether there is a Will.  Both are also called Personal Representatives.

Administrator With Will Annexed – The person, other than an Executor, who administers a decedent’s estate when there is a Will, but the Will fails to name an Executor or the named Executor is deceased or cannot for some other reason serve as the Executor.  I know, it’s already somewhat confusing.  But, understanding these three words (phrases) will already help you understand the differences in the forms and help you select the correct ones to use in your situation.

Decedent – The deceased person.  You are administering the estate of the “decedent”.

Executor - The person who administers a decedent’s estate when there is a Will.  You may want to re-read Administrator and Administrator With Will Annexed to make it stick!

Heirs – Those persons who would inherit the estate of a decedent if there were no Will under the rules of descent and distribution. “Heir” does not mean the same thing as “beneficiary”.  This is always a source of confusion.  To clarify, think about it like this: the heir to the throne is the person next in line to rule due to their birth.  A beneficiary to a life insurance policy is someone who is selected, not entitled due to their birth.  People often leave out an heir (like a derelict adult child) and name someone else (like a long-term partner) as a beneficiary.  So, although they CAN be the same, not all heirs are beneficiaries and not all beneficiaries are heirs.  Notice that the Probate Forms ask for HEIR information, not beneficiary information.

Intestate – If you die “intestate”, you die without a valid Will.  Remember that there may be a Will, but it must also be VALID.  Georgia has certain requirements that the Will must comply with in order to be valid.

Letters Testamentary/Letters of Administration - The official document issued by the Probate Court evidencing the authority of an executor or an administrator.  One you have these (as the executor or as the administrator) then you can proceed with your duties to pay off debts and distribute the assets to the heirs or beneficiaries, whichever apply.

Personal Representative – This term is used broadly to include any executor, administrator, guardian or trustee, but not a temporary administrator.

Probate – The court procedure by which a Will is proved to be the valid last Will of a decedent. It is also used loosely to refer to the legal process of administering a decedent’s estate.  Although that is not technically accurate, it is very common.

Probate Court – The Court having jurisdiction over proceedings to administer the estate of a decedent.  This court also has jurisdiction over other matters like licensing firearms and marriages.  (That’s kind of funny.  One court for marriages, guns and death!)

Proceeding Pro Se - A Latin phrase meaning “for himself” and now refers to representing yourself in court without an attorney.  The term is also used in other court proceedings besides probate.  You may be a “pro se” defendant, for example, if you go to traffic court to without hiring an attorney.

Testator – A person who has made a Will.  If you have your own Will, notice that you are referred to as the Testator.  If you are female you may be referred to as the Testatrix.  But, that’s a little old fashioned.   The Testator will eventually become the Decedent!

Will – A document, signed with the formalities required by Georgia law, by which a person makes disposition of his property, to take effect after his death.  In Georgia, a valid Will requires two witnesses.  For more information about Wills go to my site Atlanta Estate Planning Attorney.