Glossary of probate and estate administration terms
Navigating probate and estate administration can feel overwhelming, especially with so many legal and financial terms involved. Whether you're managing a loved one’s estate or planning your affairs, understanding the language used is a vital first step.
This glossary explains common probate terms, including legal roles, tax rules, and inheritance concepts, in clear, straightforward language. It's designed to help you feel more confident and informed at every stage of the process.
A-C
Administrator
The person appointed to manage the estate if there is no Will. They apply for a Grant of Letters of Administration.
Asset
Anything of financial value owned by the deceased. This includes bank accounts, property, pensions, investments, vehicles, and personal items.
Attorney
Someone appointed under a Lasting Power of Attorney (LPA) to act on behalf of another person during their lifetime. Their authority ends when the person dies.
Beneficiary
An individual or organisation that receives something from an estate or Trust.
Bequest
A gift left in a Will that often refers to personal possessions or specific amounts of money.
Chattels
Every day personal belongings of the deceased, excluding money or investments. Examples include clothing, furniture, or household items.
Chargeable estate
The part of an estate subject to Inheritance Tax after allowances and reliefs have been applied.
Class of beneficiaries
A group of people who are entitled to inherit under the rules of intestacy or a Discretionary Trust (e.g., “all grandchildren”).
An official change or addition made to an existing Will.
D-G
Deed of Renunciation
A legal document used when an Executor chooses not to take up their role. Once completed, they give up all rights to administer the estate.
Allows beneficiaries to alter the distribution of the estate after death. Often used to reduce Inheritance Tax or include omitted beneficiaries.
Discretionary Trust
A Trust where the Trustees have control over how and when beneficiaries receive their inheritance.
Estate
The total value of a person’s money, property, possessions, and debts at the time of death.
Executor
The person named in a Will to carry out the instructions and manage the estate.
Excepted estate
An estate that is small or simple enough not to require a full Inheritance Tax return (IHT400). Typically, estates under the Nil Rate Band qualify.
Grant of Probate
A legal document confirming the Executor’s authority to manage and distribute the estate.
Grant of Letters of Administration
Similar to a Grant of Probate, but issued when the deceased did not leave a Will.
H-L
HMCTS
His Majesty’s Courts and Tribunal Service, the UK’s government entity that probate applications are made to (amongst other legal responsibilities).
HMRC
His Majesty’s Revenue and Customs, the UK’s tax authority responsible for collecting Inheritance Tax.
IHT205
A simplified Inheritance Tax form used for low-value or straightforward estates where no tax is due.
IHT400
A detailed Inheritance Tax form used when an estate is more complex or exceeds the tax thresholds.
IHT402
A supplementary form used to transfer any unused Nil Rate Band from a spouse or civil partner who died previously.
Intestacy
The condition of dying without a valid Will. The estate is then distributed according to strict legal rules.
A person who has died without making a Will.
Legacy
A gift of money or property left to someone in a Will. Also called a bequest.
Letters of Administration
The legal authority granted to an Administrator when there is no Will.
Liabilities
Any debts or financial obligations left by the deceased. These must be settled before the estate is distributed.
M-R
Nil Rate Band (NRB)
The amount of the estate that can be passed on tax-free. Currently set at £325,000 (as of 2025). Unused allowance can be transferred to a spouse or civil partner.
Pecuniary Legacy
A fixed sum of money left to a person or organisation in a Will.
Personal Representative (PR)
A general term for someone responsible for handling the estate. This includes both Executors and Administrators.
Postponed Inheritance Tax
A deferred payment option offered by HMRC to help settle Inheritance Tax in instalments, especially when assets like property cannot be sold quickly.
Probate
The legal process of confirming the validity of a Will and giving permission to manage the estate.
Probate Registry
The government office responsible for issuing Grants of Probate or Letters of Administration.
Property tenure
Refers to how a property is owned, for example, joint tenancy or tenants in common. This affects how property passes on death.
Residuary estate
What remains of the estate after debts, taxes, and specific gifts have been paid.
Residuary beneficiary
The person or people entitled to inherit the remainder of the estate after all other gifts and costs have been handled.
Residence Nil Rate Band (RNRB)
An extra Inheritance Tax allowance when passing on a main home to direct descendants.
RNRB downsizing addition
A special allowance given if the deceased sold or downsized their home before death, but still left assets to children or grandchildren.
S-Z
Specific legacy
A gift of a particular item in a Will, such as a piece of jewellery or a vehicle.
Statutory legacy
A fixed amount given to the surviving spouse under intestacy rules if the deceased has children. The amount is set by law and updated periodically.
Survivorship rule
A requirement that a beneficiary must survive the deceased by a certain number of days (commonly 28) to inherit.
Tenants in common
A type of joint property ownership where each person owns a distinct share. Unlike joint tenancy, the share does not automatically pass to the other owner on death.
Testator/Testatrix
The person who has written and signed a Will. The female form (Testatrix) is now rarely used.
Trust
A legal arrangement in which assets are managed by Trustees on behalf of someone else, usually for long-term protection or tax planning.
Trust Deed
A legal document setting out the terms of a Trust, including the Trustees’ powers and duties.
Trustee
Someone appointed to manage a Trust, ensuring the assets are looked after for the benefit of others.
Will
A legal document that states how a person’s estate should be handled after their death. It can also name guardians, Executors, and Trustees.
