PROBATE TERMS AND DEFINITIONS
Administrator
the person appointed by and qualified before the clerk to administer the decedents estate when there is no will, or when the will does not name an executor or names an executor who for some reason does not serve
Administrator CTA ("Cum Testamento Annexo" or "with the will annexed")
an administrator of the estate other than the named executor in a will who serves when all named executors are unable to serve due to death, incapacity or renunciation of their right to serve
Beneficiary
a person or organization entitled to receive a portion of the estate
Bond
a written document in which the obligor formally recognizes an obligation to pay money in the event the obligor does not properly perform his or her duties
Certificate of Qualification
the form that the personal representative receives from the clerk at the time of qualification; it states that a person has qualified as executor or administrator and has authority to act on behalf of the estate; it is sometimes referred to as Letters Testamentary
Certified Copy
a copy of a document or record signed and certified as a true copy by the officer to whose custody the original is entrusted
Codicil
a supplement or an addition to a will which may explain, modify, add to, subtract from, qualify, alter, restrain, or revoke provisions in an existing will
Commissioner of Accounts
a person(s) appointed by the court to monitor the reports and activities of personal representatives
Creditor
a person or organization owed money by the decedent
Decedent
the deceased person
Estate
the decedent's property, including real estate, personal property and all other assets owned or controlled by decedent at the time of his/her death
Executor
the person named in decedent's will to administer the estate; to accept the appointment, the executor must qualify before the clerk
Fiduciary
a person in a position of trust with respect to another's property; a general term used to refer to executor, administrator or trustee
Heirs at Law
a person(s) who would inherit the decedent's estate if the decedent died without a will
Holographic Will
a will written entirely by the testator with his own hand and not witnessed/attested
Intestate Estate
an estate to be administered without a will
Inventory
a detailed list of articles; a list or schedule of property containing designation or description of such specific article
Personal Representative
either the executor or the administrator of the estate
Probate
the procedure whereby a will is admitted to record in the clerk's office; it is also used to include the process of qualifying a person as an executor or administrator of an estate; it sometimes is referred to as the entire process of administering an estate
Qualification
the procedure whereby a person is appointed by the clerk to serve as executor or administrator of a decedent's estate
Self-Proved Will
a will that includes a notarized affidavit of the testator and attesting witnesses (see Virginia Code §64.1-87.1 & Virginia Code §64.1-87.2, as amended, for specific language)
Testator
one who dies leaving a will
Testate Estate
an estate to be administered pursuant to a will
Will
a written document that gives instructions on how a person wants his or her property distributed after death