Probate Proceedings: Wills & Estate Planning

Glossary of Terms

Administrator

The person who administers a decedent’s estate when there is no will.

Administrator with Will Annexed

The person, other than an Executor, who administers a decedent’s estate when there is a Will (the Will fails to name an Executor or the named Executor cannot or will not serve).

Decedent

The deceased person.

Executor

The person who administers a decedent’s estate when there is a Will.

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", although an heir may also be a beneficiary.

Intestate

Without a Will.

Letters Testamentary / Letters of Administration

The official document issued by the Probate Court evidencing the authority of an executor or an administrator.

Personal Representative

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; also used generically to refer to the legal process of administering a decedent’s estate.

Probate Court

The Court having jurisdiction over proceedings to administer the estate of a decedent; also has other jurisdiction.

Proceeding Pro Se

Representing yourself in court without an attorney

Testator

A person who has made a Will.

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.