Probate 101: A Guide to Probate Terminology to Navigating Estate Administration

Firstly, it is important to understand the difference between someone passing away Testate or Intestate.  

• Testate: This means the individual has left a valid Will. This Will acts as a 'roadmap' for estate administration, outlining who has the authority to manage the estate and who the beneficiaries are.  
• Intestate: This term is used for individuals who pass away without leaving a valid Will. Specific intestacy provisions must be followed in these cases. While the administration process is similar to that for those who pass away testate, the application to the Court can vary.  

Another important distinction is between an executor and an administrator.  A common misconception is that the terms "Executor" and "Administrator" hold the same definition since both roles are similar in nature and responsibility.

• Executor: An individual named in the Will who is entitled to manage the estate.  The executor's primary responsibility is to carry out the deceased's wishes as outlined in the Will. 
• Administrator: This term applies to those appointed to manage the estate when an individual passes away intestate, or when no executors named in the Will are able to act.  

Both roles are often referred to under the umbrella term "Personal Representatives".  

The type of probate application required depends on the role you are undertaking.  

• HM Courts & Tribunal Services (HMCTS): Responsible for the administration of criminal, civil and family courts and tribunals in England and Wales. 
• Probate Registry: A specific Court that deals with Probate applications, issuing legal documents that grant the authority to manage the estate of someone who has died. 

The type of legal document issued by the Probate Registry depends on whether the deceased died Testate or Intestate. 

• Grant of Probate: A court document with the Court's holograph seal, which confirms the authority of the executors.  It enables the administration of the estate, including the discharge of liabilities and distribution of assets according to the Will.  
• Grant of Letters of Administration:  Required when someone passes intestate.  This document names the administrators of the estate and provides the same legal authority as a Grant of Probate.  

Both documents fall under the term "Grant of Representation". 

While the probate process can be complex and time-consuming, understanding the basic terminology can help you or your family navigate it more effectively.  By staying informed and seeking professional advice if required, families can fulfill their responsibilities and honour their loved one's wishes, ultimately bringing closure during a difficult time.