Wills and probate glossary

Administration Bond or Admon	If a person died intestate (without leaving a will), the court had the power to grant letters of administration to their next-of-kin, or person with a legitimate interest. The second paragraph of the document usually begins “The Condition of this Obligation is that if the above bounden… Administrator(s) of… ”.
Attested	Sworn.
Beneficiary	The recipient of funds, property, or other benefits, from a will.
Codicils	Additions or alterations to the will, found at the end of the will or as a separate document.
Commission	Certain person(s) are instructed by the probate court to make the will, or other documents, available to the court by a certain date.
Executor	A man who executes the will and carries out the wishes of the deceased.
Executrix	A woman who executes the will and carries out the wishes of the deceased.
Imprimis	In the first place, to begin with…
Intestate	Without a will.
Inventory	A valuation of the moveable property belonging to the deceased. It can include household furnishings, clothes, jewellery, books, papers, farm stock and crops, money in cash, bank accounts and investments, as well as money owed to creditors and money due from debtors.
Nuncupatory will	An oral and unsigned will, often made on a deathbed, written down by witnesses who later swore to its accuracy.
Peculiar or Peculier	One or more parishes with the power to conduct their own probate jurisdiction.
Personalty	Personal property – goods and chattels – as opposed to real property (land).
Probate	The official process of settling an estate through the court, giving the executors permission to carry out the provisions of the will. Also, the officially verified copy of the will together with the certificate of its having been proved.
Proving	The granting of probate; approval by a judge that a will contains the last wishes of the deceased.
Relict	A person left behind after the death of a spouse, but usually referring to the widow.
Real Property	Property in land, as opposed to personalty.
Renunciation	A document signed by an executor or next-of-kin who refuses to apply for a grant of probate or administration. Usually the probate court will appoint someone else in their place.
Testament	The document containing a statement of a person’s wishes regarding the disposal of personal property (as opposed to real property, which is covered by the will).
Testator	A man making a will or who died leaving a will.
Testatrix	A woman making a will or who died leaving a will.
Tuition Bond	A testator with young children might nominate a person (often a relative) to ensure that the children were properly educated, and set aside funds for the purpose. The appointed guardian could be asked to enter into a bond to guarantee proper discharge of these responsibilities. Tuition would generally apply to children under the age of 14 (12 for girls) and so is of help in narrowing down the possible birthdates for a child named in the will.
Will	The legal document containing the statement of a person\'s wishes regarding the disposal of his or her property after death. Strictly, the will covers only real property ie land (personal property is covered by the testament part of the document). Usually begins “In the name of God, Amen”.