Terms in probate application

We often encounter terms like "executor," "administrator," "estate trustee," "probate," and "letters of administration" when discussing estates. What do these terms actually mean? When are they properly used? Though they are often used in estate planning and probate applications, the terminology has evolved  particularly in Ontario.  Let's go over them briefly to grasp an idea of what they mean and how they are/were used.

Roles in Estate Administration

Executor/Executrix: In the past, a person appointed in a will to manage an estate was called an executor (male) or executrix (female).

Administrator/Administratrix: When a person died without a will (intestate), a court would appoint an administrator (male) or administratrix (female) to manage the estate.

Estate Trustee (Modern Ontario Term): In Ontario today, both of these roles are known as an estate trustee. This single, gender-neutral term has replaced the older names. 

The Court Order

Probate / Letters of Administration (Old Terms): The court order that officially validated a will and appointed an executor was called "probate" or "letters probate." The order appointing an administrator for an intestate estate was called "letters of administration."

Certificate of Appointment of Estate Trustee (Modern Ontario Term): These older terms have been replaced by the more descriptive and standardized term, "Certificate of Appointment of Estate Trustee." This is followed by "With a Will" or "Without a Will," making the document's purpose immediately clear. 

The Will Maker

Testator/Testatrix: The traditional, gender-specific terms for a will maker are testator (male) and testatrix (female). These terms are still used legally, but are increasingly seen as outdated.

Will Maker (Gender-Neutral Term): Due to a growing preference for gender-neutral language, the term "will maker" is now often used instead.

With a Will vs Without a Will

When a person dies with a will, their death is "testate." However, if a person dies without a will, their death is "intestate."

This brief guide explains the common terms in estate planning. While some of these changes are specific to Ontario and other parts of Canada, older terminology like executor and letters of administration remains in use in other common law jurisdictions, such as Hong Kong.