Glossary of terms related to probate

A C D I M N P R S T W

Term Abbreviation Explanation
A
Account Acc. Accnt An account prepared by the executor or administrator of an estate.
Act Book AB Outline details of the grant of probate, including name of testator, date of probate, executor name(s), value of estate.
ad colligendum bona ad colligend If there is no executor or administrator for a person's estate - perhaps because of a dispute over the validity of the will - the court may appoint a person to collect the goods of the deceased and keep them in safe custody until an administrator can be appointed.
Administration A, Ad, Am, Adm, Admon If a person died without leaving a will, someone (usually a relative) could apply to the probate court for a grant of administration, which would allow them to deal with the estate.
Affidavit Aff, Affd, Affdt Also known as a deposition (qv.)
Appraisal Apprais Valuation of goods at death, sometimes previous to drawing up an inventory, sometimes as part of it.
C
Citation mandate A legal document requiring someone to do something or appear before the probate court.
Codicil C, Codl, Cod'l An amendment to a will.
Commission Com, Comm An order by a court for carrying out some task, eg: "To examine witnesses"; "To collect goods" (eg com. ad colligend.); "To make an inventory of goods".
Curation Cur, Curon Guardianship over minors under 21 but over 14 for boys or 12 for girls. The guardian was chosen by the minor.
D
Declaration Dec, Decl A declaration in lieu of an inventory. Produced instead of an inventory, giving the approximate value of the estate.
Deed of Gift    
Deposition Dep A testimony under oath as to the veracity of a will and the circumstances in which it was made.
Donation of goods A deed of gift enrolled in a probate register.
I
Indemnity A form of bond agreeing to make good any losses suffered.
Inventory Inv, Invt A list of the testator's property.
M
Mandate   An order to appear before a probate court.
Memorandum Memo Various documents could be described as a memorandum, including nuncupative wills and documents concerning the distribution of the deceased's property.
N
Noncupative will A will made orally because the testator was incapable of signing (usually on his/her deathbed), but written down after the testator's death and sworn to by witnesses
P
Probate Act Pro Act The record of probate.
Probate bond B., Bd., PB A bond was required by a probate court from the executor or administrator to ensure that the duties were carried out properly.
Promissary Note Prom. Note Promise of future payment either by or to a testator; could be considered part of his estate.
R
Renunciation Ren, Renunc A document from one or more of the executors, or prospective administrators, renouncing their executorship or right to administer.
S
Schedule of Estate Sch List of property and goods - a form of inventory.
Sentence   'Sentence' means that there was a case brought about the will, and the court came to a determination.
Sequestration   A writ authorising seizure of property.
T
Testamentary Dispute   A document concerning a legal dispute about an estate.
TMS   "Their Majesties' Service/Ship" (ie William and Mary)
Tuition   Tuition agreement. Relates to guardianship over minors under 14 (boys) or 12 (girls). The guardian was chosen by the court.
W
Will W, Wi A will