Probate Terms
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Probate Proceedings: Wills and 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.
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