Accounting

An itemized report filed with the Commissioner of Accounts by an Executor, Administrator, Trustee, Conservator or Guardian to show how the estate assets were administered.

Administrator

The person appointed and qualified by the Clerk to administer the decedent’s estate when there is no Will.

Administrator, C.T.A.

"Cum testamento annexo", or, “with the Will annexed." An administrator of the estate other than named executor in a Will. An Administrator C.T.A. serves when all named executors do not serve due to death, incapacity or renunciation of their right to serve.

Beneficiary

A person or organization entitled to receive a portion of the estate.

Bond

A written guarantee that an Executor, Administrator, Trustee, Conservator or Guardian will perform their duties as required by law. The bond may be with or without surety. The bond will have a dollar penalty amount which may have to be paid if duties are not performed as required by law.

Certificate of Qualification

The Certificate of Qualification, sometimes referred to as "Letters Testamentary," is the document received from the Clerk at the time of qualification which states that a person has qualified as an Executor, Administrator, Trustee, Conservator or Guardian and has legal authority to act as such.

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 entrusted.

Codicil

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 audit the reports and activities of an Executor, Administrator, Trustee, Conservator or Guardian.

Conservator

A person appointed by the Court who is responsible for managing the estate and financial affairs of an Incapacitated Adult.

Creditor

Person or organization owed money by the decedent.

Decedent

Deceased person.

Estate

The decedent's property, including real estate, personal property and all other assets owned or controlled by decedent at the time of his/her death.

Executor

The person named in decedent's Will to administer the estate. An Executor must qualify before the Clerk to obtain the legal authority to administer an Estate.

Fiduciary

A person in a position of trust with respect to another's property; a general term used to refer to Executor, Administrator, Trustee, Conservator or Guardian.

Guardian of Incapacitated Adult

Person appointed by the Court who is responsible for the personal affairs of an Incapacitated Adult.

Guardian of Minor

Person lawfully invested with power, and charged with the duty of managing the property and rights of a Minor.

Heirs at Law

Person(s) 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 and not witnessed (attested).

Intestate Estate

An estate to be administered without a Will.

Inventory

A report to be filed with the Commissioner of Accounts by an Executor, Administrator, Trustee, Conservator or Guardian that itemizes the property under their control as such.

Minor

A person under the age of eighteen years.

Personal Representative

Another term used for an Executor, Administrator, Trustee, Conservator or Guardian.

Probate

Procedure whereby a will is admitted to record in the clerk's office. Also, it is used to include the process of qualifying a person as an executor or administrator of an estate. It sometimes is referred to as the entire process of administering an estate.

Qualification

The formal procedure whereby a person is qualified by the clerk to obtain legal powers to act as an Executor, Administrator, Trustee, Conservator or Guardian.

Resident Agent

Person in a jurisdiction authorized to accept service of process for another.

Self-Proved Will

Will that includes a notarized affidavit of the testator and attesting witnesses. See Virginia Code §64.1-87.1 & Virginia Code §64.1-87.2, as amended, for specific language.

Surety Bond

A written guarantee by a third party that an Executor, Administrator, Trustee, Conservator or Guardian will perform their duties as required by law. A surety bond is written by a bond company.

Testator

One who dies leaving a Will.

Testate Estate

An estate to be administered pursuant to a Will.

Testamentary Trustee

A Trustee appointed by or acting under a Will; one appointed to carry out a Trust created by a Will.

Will

A written document that gives instructions on how a person wants his or her property distributed after death.