Estate and probate terms, explained
If you've never dealt with a deceased estate before, the terminology can be as confusing as the wait itself. Solicitors, banks and courts use precise legal language that rarely gets explained along the way. This glossary covers the terms beneficiaries encounter most often, grouped by where they show up in the process.
The estate administration process
- Probate. A grant from the Supreme Court confirming a will is valid and authorising the executor to administer the estate. See our full guide on what probate is and why it matters.
- Letters of administration. The equivalent authority to probate, granted when there's no valid will (or no executor able to act). The court appoints an administrator instead of confirming an executor named in a will.
- Grant. The umbrella term for either a grant of probate or a grant of letters of administration — the court order itself.
- Reseal. Where the deceased held assets in more than one state, the executor applies to reseal the original grant in each additional state, rather than starting a fresh application.
- Estate administration. Everything that happens after the grant — collecting assets, paying debts and tax, and distributing what remains to beneficiaries. This is usually the longest part of the process, well beyond the grant itself.
- Executor's year. An informal rule of thumb (not a strict deadline) that gives an executor around 12 months from death to complete administration before beneficiaries can formally press for distribution.
The people involved
- Executor. The person named in a will to administer the estate — collect assets, pay debts, and distribute the remainder as the will directs.
- Administrator. The person appointed by the court to administer an estate when there's no will, or no executor able or willing to act. Functionally similar to an executor, but appointed rather than nominated.
- Beneficiary. Anyone entitled to receive part of the estate, whether named in the will or entitled under intestacy rules.
- Testator. The person who made the will (the deceased, in this context).
- Next of kin. The closest living relatives of the deceased, relevant mainly when there's no will and intestacy rules determine who inherits.
- Trustee. Someone who holds and manages estate assets on behalf of beneficiaries, often relevant where a beneficiary is a minor or the will establishes an ongoing trust rather than an immediate distribution.
The will itself
- Intestacy. Dying without a valid will. When this happens, each state's intestacy rules set out who inherits and in what proportions — see our guide on dying without a will in Australia.
- Codicil. A formal, signed amendment to an existing will, used to change specific provisions without rewriting the entire document.
- Specific bequest. A particular, named item or amount left to a particular beneficiary ("my car to my son"), as distinct from a share of whatever remains.
- Residuary estate. Whatever is left of the estate after specific bequests, debts, and expenses have been accounted for — often the largest share, and usually divided among residuary beneficiaries by percentage.
- Statutory legacy. A fixed, indexed amount a surviving spouse is entitled to receive first under intestacy rules, before the remaining estate is divided among other beneficiaries such as children.
When things get complicated
- Family provision claim. A court application by an eligible person who believes they haven't been adequately provided for in a will (or under intestacy). See our guide on family provision claims in Australia.
- Caveat. A formal notice lodged with the court to prevent a grant of probate being issued until a dispute is resolved — effectively a hold on the process.
- Contested estate. An estate where a will's validity, an executor's conduct, or the distribution itself is being disputed, typically extending administration well beyond the usual timeframe.
- Deceased estate. The legal entity comprising everything the deceased owned and owed at the date of death, administered separately from the estate of anyone still living.
Getting money before settlement
One term you won't find in most legal glossaries: an inheritance advance. This is a lump sum provided to a beneficiary against their confirmed entitlement, before the estate finishes administration — assessed on what the beneficiary is owed, not their income or credit history, and repaid from the estate at settlement rather than out of pocket. See our plain-English guide on what an inheritance advance is.
Frequently asked questions
What's the difference between probate and letters of administration?
Both are grants from the Supreme Court giving someone legal authority to administer an estate. Probate confirms an executor named in a valid will; letters of administration appoint an administrator when there's no valid will or no executor able to act.
Is an executor the same as a beneficiary?
Not necessarily, though the same person can be both. An executor administers the estate; a beneficiary receives part of it. Many wills name a beneficiary as executor, but the two roles are legally distinct.
What happens if I'm not mentioned in the will at all?
If you believe you should have been provided for — for example, as a spouse, child, or financial dependant — you may be eligible to make a family provision claim. Eligibility and timeframes vary by state.
Where can I find more detail on a specific term?
Most of the terms above link through to a full guide. If you can't find what you're looking for, our FAQs page covers common questions about inheritance advances specifically.
Waiting on estate administration to finish? An Inherita advance can bridge the gap between now and settlement — assessed on your confirmed entitlement, not your income.
Check your eligibility →