Glossary of Probate Terms
Get to know some of the most common terms of the industry with our ABCs of probate. Click a letter in the bar below to jump to that section.
B
Beneficiary
A person entitled to receive assets from an estate – either under a will (testate) or through intestacy laws.
C
Commission (or ‘Contingency’) fee
The fee paid to probate researchers (or “heir hunters”) only upon successful identification and recovery of assets for heirs.
Codicil
A document that amends or adds to a previously executed will.
E
Estate
All assets and liabilities of a deceased person at the time of death.
G
Grant of Representation
A generic term for the legal document that empowers someone to administer an estate. In Ontario, this is known as a Certificate of Appointment of Estate Trustee—either with or without a will.
Grant of Probate
The court-issued document in testate cases confirming the will’s validity and appointing the executor (estate trustee).
I
Intestate
A person who dies without leaving a Will.
N
Net entitlement
The final amount distributed to beneficiaries after all estate liabilities and taxes have been settled.
P
Probate
The court process that validates a will and authorizes the executor or personal representative to administer the estate.
R
Residuary Estate
The remaining assets in an estate after all specific gifts and debts have been settled.
Renunciation
A formal document by which a nominated executor declines to act in that role.
T
Testator / Testatrix
The person who made the will.
Testamentary or Intestate Succession
Refers, respectively, to inheritance laws governing estates when there is a valid will (testamentary) or not (intestate).
W
Will (Last Will and Testament)
A legal document stating how a person wishes their assets to be distributed after death.
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