Glossary of Terms
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Navigating the world of probate research and heir hunting involves a lot of legal and genealogical jargon. Here we have a glossary of terms that you may come across whilst going through the genealogy or the heir hunting process.
The Basics of the Estate
A-C
- Administrator: A person appointed by the court to manage and distribute an estate when there is no Will, or when the named Executor is unable to act.
- Bona Vacantia: A Latin term meaning “vacant goods.” It refers to unclaimed property or estates that have no known heirs and technically pass to the Crown.
- Beneficiary: A person legally entitled to receive a portion of an estate.
- Caveat: A notice filed in court that prevents the probate application from moving forward until a specific issue is resolved.
The Legal Framework
D-J
- Deceased (The): The person who has passed away and whose estate is being researched.
- Distributee: Another term for an heir; specifically, someone entitled to a share of the “distribution” of an estate.
- Escheatment: The legal process by which unclaimed property or assets are transferred to a government entity because no legal heirs can be found.
- Estate: The total value of everything the deceased person owned, including bank accounts, property, and personal belongings, minus any debts.
- Intestacy: The state of dying without a valid Will. When this happens, “Laws of Intestacy” dictate exactly which relatives are entitled to the estate based on a specific hierarchy.
The Heir Hunting Process
K-Q
- Kinship: The relationship between the deceased and the potential heirs. Proving kinship is the core of a genealogist’s work.
- Lineal Descendant: A direct blood relative, such as a child, grandchild, or great-grandchild.
- Maternal/Paternal Line: Research focusing on the mother’s side (maternal) or father’s side (paternal) of the family tree to find eligible cousins or more distant relatives.
- Next of Kin: The closest living blood relatives of a person.
- Probate: The legal process of proving a Will is valid or, in cases of intestacy, the formal process of administering the estate through a court.
Settlement and Fees
R-Z
- Residue (Residual Estate): What remains of an estate after all debts, funeral expenses, and specific gifts (bequests) have been paid out.
- Statement of Truth: A legal statement outlining that you are one of the closest people and entitled to deal with the administration of the estate.
- Succession: The order or sequence in which heirs are entitled to inherit.
- Verification: The process of cross-referencing census records, birth/death certificates, and marriage licenses to prove to a court or administrator that the “found” heir is the correct individual.
Knowledge is a vital part of our research.
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