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Probate - Definitions
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We are here to assist you in anyway possible. However, we cannot provide you with legal or accounting advice that you may need in settling an individual estate.

Your duties as the executor or administrator of an estate are set by law. It is our intention that the foregoing information provided herein will assist you in executing your duties as executor or administrator of an estate.

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Administrator C.T.A. "Cum testamento annexo", or, " with the will annexed."
An administrator of an estate other than named executor in a will.

One receiving an inheritance in a will.

A certificate or evidence of a debt with a sum fixed as a penalty, which contains a written agreement binding the parties to pay the penalties. It contains a condition, however, that the payment of penalty may be avoided by performance by some one or more of the parties of certain acts.

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 intrusted.

A supplement or an addition to a will; it may explain, modify, add to, subtract from, qualify, alter, restrain or revoke provisions in an existing will.

Commissioner of Accounts:
Person(s) appointed by the Court to oversee the reports and activities of personal representatives.

Person or organization owed money by the decedent.

Deceased person.

The decedent's property, real and personal, and all other assets owed or controlled by decedent at the time of their death.

The person named in decedent's will to administer the estate who accepts the appointment by qualifying before the clerk.

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:
Persons who would inherit the decedent's estate if the decedent died without a will.

Holographic Will:
Will written entirely by the testator with his own hand.

Intestate Estate:
An estate to be administered without a will.

Detailed list of articles; a list or schedule of property, containing designation or description of such specific article.

Procedure whereby a will is admitted to record in the clerk's office; also used to include the process of qualifying a person as an executor or administrator of an estate; also sometimes refers to entire process of administering an estate.

Procedure whereby a person is appointed by the clerk to serve as executor or administrator of a decedent's estate.

Self-Proved Will:
Will that includes a notarized affidavit of the testator and attesting witnesses. See the 1950 Code of Virginia, as amended, for specific language.

One who dies leaving a will.

Testate Estate:
An estate to be administered pursuant to a will.

Individual's declaration of property disposal after death.

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This site developed and maintained by:
Debby Payne, Webmaster
Any comments? dlpayne@courts.state.va.us