- Today, the formal name for the document a court issues to confirm someone's authority to administer an estate is a Certificate of Appointment of Estate Trustee.
- "Letters probate" and "letters of administration" are older terms rooted in the same historical legal tradition that gave Ontario much of its estates law.
If you've spent any time researching Ontario estate administration, you've probably run into a confusing mix of terms — "letters probate," "letters of administration," "probate," and "Certificate of Appointment of Estate Trustee" all seem to be describing the same thing. That's largely because they are, just from different eras of Ontario's legal terminology.
Here's what the current, correct terminology actually is, and why the older names still show up so often.
The Current Term: Certificate of Appointment of Estate Trustee
Today, the formal name for the document a court issues to confirm someone's authority to administer an estate is a Certificate of Appointment of Estate Trustee. It comes in two versions:
- Certificate of Appointment of Estate Trustee With a Will — issued when the deceased left a valid will.
- Certificate of Appointment of Estate Trustee Without a Will — issued when there is no valid will, and the court is appointing someone under the intestacy framework.
Both are issued by the Superior Court of Justice under the Estates Act and Ontario's Rules of Civil Procedure.
Where "Letters Probate" Came From
"Letters probate" and "letters of administration" are older terms rooted in the same historical legal tradition that gave Ontario much of its estates law. "Letters probate" traditionally referred to the document confirming a will and appointing its executor; "letters of administration" referred to the equivalent document where there was no will. Ontario modernized this terminology, moving to the current "Certificate of Appointment" language — but the older terms never fully disappeared from everyday use, especially among people who dealt with an estate years ago, or who encounter the terms in older books, forms, or conversations.
A Quick Terminology Comparison
| Older / informal term | Current Ontario term | What it refers to |
|---|---|---|
| Letters probate | Certificate of Appointment of Estate Trustee With a Will | Court confirmation of authority where there's a valid will |
| Letters of administration | Certificate of Appointment of Estate Trustee Without a Will | Court confirmation of authority where there's no valid will |
| Executor | Estate trustee (with a will) | The person named in the will and confirmed by the court |
| Administrator | Estate trustee (without a will) | The person appointed by the court where there's no will |
| Probate | (Still commonly used, informally) | Shorthand for the whole process of applying for and obtaining a Certificate of Appointment |
Does "Probate" Still Mean Something?
Yes — "probate" remains a perfectly normal, widely understood word for the overall process of applying to the court for a Certificate of Appointment, and for the resulting authority once it's granted. It's not incorrect to say "we're going through probate" or "the estate is in probate." What's outdated is treating "letters probate" as the actual title of the document you'll receive — the certificate itself carries the current name.
Executor, Administrator, and Estate Trustee
The same modernization applies to the person, not just the document. "Estate trustee" is the current, formal Ontario term for the person with authority to administer an estate. "Executor" (where there's a will) and "administrator" (where there isn't) remain in everyday use as familiar, easily understood synonyms, and you'll see them used interchangeably in plain-language materials, including this one.
Why the Terminology Actually Matters in Practice
For most people dealing with an estate, this is mostly a vocabulary issue rather than a legal one — using "letters probate" instead of "Certificate of Appointment" in conversation won't change your legal rights or obligations. Where it can matter is in paperwork: court forms, bank requirements, and land registry submissions reference the current terminology, so using the correct current term when preparing an application, or when confirming with a financial institution exactly what document they need to see, avoids unnecessary back-and-forth.
A Few Related Terms Worth Knowing
- Small Estate Certificate — a simplified version of the Certificate of Appointment process, available for estates below a set value threshold.
- Estate Administration Tax — sometimes still called "probate fees" informally; it's the tax payable when an estate certificate is applied for, calculated on the estate's value.
- Passing of accounts — the court process where an estate trustee's handling of the estate's finances is formally reviewed and approved, separate from the initial appointment itself.
Frequently asked questions
Is it wrong to say "letters probate" today?
It's outdated as the formal name of the document, but it's not going to cause a legal problem if you use it in conversation. Most people, including estate lawyers and court staff, will understand exactly what you mean.
Why did Ontario change the terminology?
The terminology shift reflects a broader modernization of estates language in Ontario, moving away from older historical terms toward plainer, more descriptive current language — "estate trustee" and "Certificate of Appointment" more directly describe what the role and document actually are.
Do banks and the land registry still accept documents that say "letters probate"?
Institutions work with whatever the court actually issues, which today is a Certificate of Appointment — not a document literally titled "letters probate." If you're looking at an old document from a much earlier estate, it may carry the older title, but new applications will result in a certificate using current terminology.
Is "estate trustee" the same thing as "executor"?
For practical purposes, yes — "estate trustee" is the current formal term, and "executor" (used specifically where there's a will) is the familiar synonym still used everywhere in plain-language conversation.
This is a wills & estates question
Start a file online — flat, published fees, reviewed by a licensed Ontario lawyer before a dollar is owed.