Last Update: 5 August 2026 I Reading Time: 7 minutes
Summary
If you’re dealing with the estate of someone who has died, you’ll likely come across legal terms that can seem unfamiliar or confusing. Understanding these terms can make the probate process much easier to follow and help you make informed decisions.
This probate glossary explains some of the most common words and phrases used during the administration of an estate in England and Wales. Whether you’re an executor, administrator or beneficiary, this guide provides straightforward explanations in plain English.
Quick answer
A probate glossary is a guide to the legal terms used when administering someone’s estate after they die. Understanding words such as Grant of Probate, Executor, Letters of Administration and Inheritance Tax can help you navigate the probate process with greater confidence and know when to seek legal advice.
In this article
- What is probate?
- Why understanding probate terminology matters
- Common probate terms explained
- Frequently Asked Questions
- How GLP Solicitors can help
Key takeaways
- Probate is the legal process of administering a person’s estate after they die.
- An Executor is appointed in a Will, while an Administrator is appointed where there is no valid Will.
- Grant of Probate and Letters of Administration give authority to deal with an estate.
- Understanding probate terminology can help avoid confusion during estate administration.
- Some terms relate to Inheritance Tax, trusts and estate distribution.
- If you’re unsure about any aspect of probate, professional legal advice can help.
What is probate?
Probate is the legal process of dealing with a person’s estate after they have died. This usually involves collecting assets, paying debts and taxes, and distributing the remaining estate to the people entitled to inherit.
Although the process can seem complicated, understanding the terminology used throughout probate makes it much easier to understand your responsibilities and the steps involved.
Why is a probate glossary helpful?
If you’ve been appointed as an executor or administrator, you may encounter legal documents and correspondence containing unfamiliar terminology.
Understanding these terms can help you:
- Better understand your legal responsibilities.
- Communicate more confidently with solicitors and financial institutions.
- Avoid misunderstandings during the administration process.
- Make informed decisions when dealing with an estate.
Below are some of the most commonly used probate terms explained in plain English.
Probate glossary: Common probate terms explained
Administration
The process of collecting the deceased’s assets, paying debts and taxes, and distributing the estate to the beneficiaries or those entitled to inherit.
Administrator
A person appointed to administer an estate where there is no valid Will. Their authority comes from Letters of Administration issued by the Probate Registry.
Assets
Anything of financial value owned by the deceased, including:
- Property
- Savings
- Investments
- Vehicles
- Jewellery
- Personal
- possessions
Beneficiary
A person or organisation entitled to receive money, property or other gifts from an estate under a Will or, in some cases, under the Rules of Intestacy.
Contentious Probate
Legal disputes concerning an estate. This can include challenges to the validity of a Will or claims by someone who believes they have not received reasonable financial provision.
Crown
If someone dies without a valid Will and has no surviving relatives entitled to inherit under the Rules of Intestacy, their estate may pass to the Crown.
Deed of Variation
A legal document that allows beneficiaries to change how an estate is distributed after death. If completed within two years of death, it may also have inheritance tax or capital gains tax implications in certain circumstances.
Distribution
The final stage of estate administration, where the remaining assets are transferred to the beneficiaries after all debts, taxes and expenses have been settled.
Estate
Everything owned by the deceased at the date of death, including:
- Property
- Money
- Investments
- Personal belongings
It also includes any outstanding debts and liabilities.
Executor
The person (or people) appointed in a Will to administer the estate.
Historically, the terms Executor and Executrix were used depending on gender, but today Executor is commonly used regardless of gender.
Grant of Probate
An official document issued by the Probate Registry confirming the validity of a Will and giving the Executors legal authority to administer the estate.
Inheritance Tax (IHT)
Inheritance Tax may be payable if the value of an estate exceeds the available tax-free allowances.
The rules can be complex and depend on factors such as:
- The value of the estate.
- Whether a home is being passed to direct descendants.
- Any transferable allowances from a late spouse or civil partner.
Tax rules can change over time, so professional advice is often recommended.
Intestate
A person dies intestate when they die without leaving a valid Will.
Their estate is distributed according to the Rules of Intestacy, rather than according to their personal wishes.
Legacies
Specific gifts left in a Will, such as money, jewellery or other possessions.
Letters of Administration
The legal document issued by the Probate Registry authorising an Administrator to deal with an estate where there is no valid Will.
Liabilities
Money owed by the deceased, including:
- Mortgages
- Loans
- Credit cards
- Utility bills
- Other outstanding debts
Nil Rate Band
The standard tax-free threshold that may apply before Inheritance Tax becomes payable. The amount is determined by current tax legislation.
Pecuniary Legacy
A gift of a fixed sum of money left to a beneficiary in a Will.
Personal Representative
A collective term for Executors and Administrators responsible for administering an estate.
Probate Registry
The government body responsible for issuing Grants of Probate and Letters of Administration in England and Wales.
Residuary Estate
Everything remaining in the estate after debts, funeral expenses, administration costs and specific gifts have been paid.
Residence Nil Rate Band
An additional Inheritance Tax allowance that may be available when a qualifying home passes to direct descendants, subject to the eligibility rules in force at the time.
Rules of Intestacy
The legal rules that determine who inherits an estate when there is no valid Will.
Specific Bequest
A gift of a particular item, such as jewellery, artwork or a vehicle.
Statement of Truth
A legal declaration confirming that the information provided about an estate is true and accurate to the best of the Personal Representative’s knowledge.
Statutory Declaration
A formal legal statement made before an authorised person, such as a solicitor, confirming that certain facts are true.
Testamentary Expenses
Expenses incurred while administering an estate, including probate fees and certain professional costs.
Testator
The person who made the Will.
Historically, Testatrix referred to a female who made a Will, but today Testator is commonly used regardless of gender.
Trust
A legal arrangement created during someone’s lifetime or by a Will, allowing assets to be managed by trustees on behalf of beneficiaries.
How GLP Solicitors can help
Administering an estate can be time-consuming and emotionally challenging, particularly if you’re unfamiliar with probate terminology or your responsibilities as an executor.
Our Private Client team can guide you through every stage of the probate process, explain legal documents in plain English and provide practical advice on estate administration, inheritance tax, trusts and related matters.
Frequently Asked Questions
Probate is the legal process of administering the estate of someone who has died. It usually involves collecting assets, paying debts and taxes, and distributing the remaining estate to the people entitled to inherit.
An Executor is named in a valid Will to administer the estate. An Administrator is appointed when there is no valid Will or no Executor is able to act.
A Grant of Probate is an official document issued by the Probate Registry that gives Executors the legal authority to deal with the deceased’s estate.
Letters of Administration are issued where someone dies without a valid Will. They authorise the appointed Administrator to administer the estate.
Their estate will normally be distributed according to the Rules of Intestacy, which set out who inherits based on family relationships rather than personal wishes.
Inheritance Tax is a tax that may be payable on an estate depending on its value and the available tax-free allowances. Whether tax is due depends on the specific circumstances of the estate.
A beneficiary is a person or organisation who receives money, property or other gifts from an estate under a Will or the Rules of Intestacy.
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