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.
A
Administrator
A person appointed by the court when someone dies intestate (without a will), or if the will’s executor is unavailable. In Ontario, this role is typically called the Estate Trustee Without a Will or Administrator with Will Annexed
Administration
Refers to the legal process of managing and settling a deceased person’s estate—whether or not they left a will.
When a person dies, their estate (all assets and liabilities) must be identified, valued, debts and taxes paid, and the remaining assets distributed to beneficiaries.
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.
Caveat
A legal notice filed in court to stop the granting of probate or administration pending resolution of a dispute.
E
Executor / Executrix
The individual named in a will to administer an estate. In Ontario, this role is legally referred to as Estate Trustee With a Will
Estate Trustee (With or Without a Will)
In Ontario, Estate Trustee With a Will is the equivalent of an executor; Estate Trustee Without a Will corresponds to the court-appointed administrator of an intestate estate
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).
H
Heir Hunters / Probate Genealogists / Researchers
Professionals who trace missing or unknown heirs to estates—also referred to as probate genealogists or forensic genealogists.
I
Intestate
A person who dies without leaving a Will.
Intestacy / Intestacy Laws
The situation and legal framework governing estate distribution when someone dies without a will.
Inheritance Tax
Canada does not levy inheritance tax on beneficiaries, though estates are subject to other fees and taxes (e.g., probate fees, final tax returns).
L
Letters of Administration with Will Annexed
Court document permitting administration of an estate that includes a will but lacks a functioning named executor.
Letters of Administration
Traditional term for court-issued authorization to administer an intestate estate or when executors cannot act. Often replaced by Certificate of Appointment of Estate Trustee Without a Will.
M
Missing Heirs
When heirs cannot be located—or when legal challenges arise – settlement of the estate may be blocked or delayed significantly.
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.
Personal Representative
A broad term encompassing executors, administrators and trustees.
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
Trusts and Estate Trustees / Corporate Trustees / Trust Officers
If a will creates a trust (e.g., for minors or long-term beneficiaries), a trustee—either an individual or a corporate body—manages the trust assets. Estate trustees have fiduciary responsibilities including diligence, prudence, loyalty, and risk mitigation .
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.
Still need help? Get in touch with our team
Lorem ipsum dolor sit amet consectetur. Fringilla commodo elit nulla cursus. Feugiat ipsum ut velit bibendum mattis pulvinar varius ultricies.