It is a common assumption among estate trustees that in order to
administer an estate, a deceased's Last Will and Testament must
always be probated; that is, submitted to the court along with an
application and supporting documents in a process whereby the court
examines such Will in order to determine its validity and
authenticity, as well as to ensure that the proper estate trustees
are appointed and beneficiaries notified. Where a deceased passes
away without a Will, the probate process ensures that estate
trustees are appointed in accordance with legislative rules.
A brief note on terminology: the term probate is no
longer officially used in Ontario. It has been replaced with a
Certificate of Appointment of Estate Trustee With or Without a
Will, or, in other jurisdictions, Letters Probate or
Letter of Administration.
