Title 53, Chapter 1, Section 2
As used in this chapter and Chapters 2 through 11 of this title, the
(1) "Administrator" means any person appointed and qualified to
administer an intestate estate, including an intestate estate
already partially administered by an administrator and from any
(2) "Administrator with the will annexed" means any person, other
than an executor, appointed and qualified to administer a testate
estate, including a testate estate already partially administered
and from any cause unrepresented.
(3) "Beneficiary" means a person, including a trust, who is
designated in a will to take an interest in real or personal
(4) "Codicil" means an amendment to or republication of a will.
(5) "County administrator" means any individual or individuals
appointed by the probate court of the county and qualified to
represent an estate that is unrepresented and unlikely to be
(6) "Descendants" means the lineal descendants of an individual
including those individuals who are treated as lineal descendants
by virtue of adoption.
(7) "Executor" means any person nominated in a will who has
qualified to administer a testate estate, including a person
nominated as alternative or successor executor.
(8) "Guardian" means the guardian ad litem or representative described in Code Section 53-11-2 who represents one or more parties to a probate court proceeding who are not sui juris, are unborn, or are unknown.
(9) "Heirs" means those one or more individuals who survive the
decedent and are determined under the rules of inheritance to take
the property of the decedent that is not disposed of by will.
(10) "Nominated executor" means any person nominated in the will
to serve as executor who has not yet qualified to serve as
(11) "Person" means an individual, corporation, partnership,
association, joint-stock company, business trust, unincorporated
organization, limited liability company, or two or more persons
having a joint or common interest, including an individual or a
business entity acting as a personal representative or in any
other fiduciary capacity.
(12) "Personal representative" means any administrator,
administrator with the will annexed, county administrator, or
(13) "Qualified" means that a personal representative has taken
the oath, posted any required bond, and been issued letters of
administration or letters testamentary, as provided in this title.
(14) "Sui juris" means an individual is age 18 or over and not
suffering from any legal disability.
(15) "Temporary administrator" means any person granted temporary
letters of administration upon an unrepresented estate.
(16) "Testamentary gift" means the interest in real or personal
property which a beneficiary is designated to take in a will.
(17) "Will" means the legal declaration of an individual's
testamentary intention regarding that individual's property or
other matters. Will includes the will and all codicils to the