Introduction – Probate terms
If you’ve recently lost a loved one, you may be dealing with the probate process. Probate and estate management can involve many legal terms that might be confusing. Understanding these terms can make the process easier.
The BC Court system also uses certain terms that you might wish to know.
Some of these terms might seem pretty commonsense, and others are older words that came from old English probate courts.
We have slowly started to revise these older words, but you will still see them in use throughout this process.
This guide explains a few of the more common terms you’ll encounter when dealing with probate and estate management.
Term | Definition |
---|---|
Accounts | The records you keep and present to the persons interested in an estate to show the work you did in managing the estate. |
Administrator | A person appointed by the court to administer the estate of a deceased person who did not leave a Will. |
Affidavit | A sworn statement setting out information or facts for the Court to review. We use affidavits to provide information to the court instead of making someone go into court and speak on a witness stand. |
Affidavit of Assets and Liabilities (Form P10 or P11) | A sworn statement listing all the deceased’s assets and liabilities, required for the probate application. |
Beneficiary | A person or entity named in the Will to receive assets from the deceased’s estate. |
Consent | A form signed by a person who has an interest in the estate allowing certain actions during the probate process. A common consent is the consent needed by people who have an equal or higher right to you to apply for a Grant of Administration. |
Debts and Taxes | Obligations the estate must pay before distributing assets to beneficiaries. |
Distributing Assets | The final step in the probate process, giving the deceased’s assets to the beneficiaries named in the Will or according to the law. |
Estate | All the assets and liabilities left by the deceased, including property, money, and personal belongings. |
Estate Administration | Estate administration is the process of managing an estate. Generally this refers to the work you do once you have obtained a Grant of Probate. |
Executor | The person named in the Will to deal with the deceased person’s remains and funeral and manage the probate process, including finding the Will, preparing paperwork, and distributing assets. |
Executor’s Fees | The fees an Executor charges for managing the estate. These are separate and apart from the expenses incurred by the Executor to manage the estate. |
Grant of Probate | A court order confirming the Will is valid and giving the executor the authority to manage the deceased’s Will. |
Grant of Letters of Administration | A court order confirming a person as the administrator of the deceased’s estate. You get a Grant of Letters of Administration when there is no Will. |
Intestate | A term used when a person dies without a Will, leading to court appointment of an administrator and distribution of assets according to intestacy laws. |
Inventory | A detailed list of all the deceased’s assets and liabilities, part of the paperwork needed for the probate application. |
Notice of Proposed Application in Relation to Estate (Form P1) | A form used to notify beneficiaries and other interested parties about an application for probate or administration. |
Passing of Accounts | The formal process of presenting your accounts to the beneficiaries and other interested people so they can review and approve the work done in your management of the estate. You can pass accounts informally, by sharing them with the required people, or formally, by submitting them to the court for review and approval. |
Personal Representative | The new word we use for the person who has been appointed to manage the deceased’s estate. More commonly we use the old words for this like Executor or Administrator. |
Probate Fees | Charges for processing the probate application, based on the value of the estate. |
Probate Registry | Part of the Supreme Court of British Columbia that reviews probate applications and issues grants of probate. |
Renunciation | The formal act of giving up the right to act as executor, allowing another person to be appointed. |
Representation Grant | This is the current neutral, universal term meant to replace the phrases Grant of Probate or Grant of Letters of Administration. |
Spouse | A person legally married to the deceased or living with them in a marriage-like relationship, often having rights to a share of the estate. |
Submission for Estate Grant (Form P2) | A form used to apply for a grant of probate or administration, including information about the deceased, the executor, and the estate. |
Supreme Court of British Columbia | The highest trial court in the province, handling serious criminal and civil cases, including probate matters. |
Testator or Testatrix | The old word for a person who makes a Will. This word is being replaced by the word Willmaker. Generally Testator is used for males, and Testatrix is the old word for women who made Wills. |
Will | A legal document that states how a deceased person wants their assets distributed and names an executor. |
Wills Search | A process to check if the deceased had a Will registered with the provincial government. |
Willmaker | A person who makes a Will. This word replaces the old words Testator and Testatrix. |
Wills Search | A process to check if the deceased had a Will registered with the provincial government. |
Conclusion
Understanding these common terms can help you navigate the probate process more easily.
If you have any questions or need assistance, contact us. We can help you understand your rights and responsibilities and ensure the probate process goes smoothly. Dealing with probate can be challenging, but knowing these terms can make it a bit easier. If you need help, don’t hesitate to reach out to a professional for guidance.