Common terms in estate administration in Alberta

Estate planning and administration can feel overwhelming, especially if you’ve never been involved in it before. Part of the challenge is the unfamiliar language. In Alberta, some of the words you might read about have very specific legal meanings. Knowing what the words mean can make the process a little less intimidating.

Estate

Everything a person owns at the time of death. E.g. real estate, bank accounts, investments, cryptocurrency and other digital assets, business assets if sole-proprietor, personal belongings, minus any debts they owe.

In my world, we often distinguish between an individual's living estate (i.e. what we have while we are alive) and deceased estate (what's left after we die).

Will

A legal document that sets out how a person’s property will be distributed after death, and who will be responsible for carrying out those wishes.

This can be like a layered cake, and I'd be happy to 'craft the cake' with you in an estate planning meeting.

Codicil

An amendment to the will.

Said: "Cod-a-sil"

Personal Representative

This is the person named in a will (or appointed by the court if there’s no will) to manage and settle the deceased’s estate. In other provinces, you might still hear “executor” or “administrator,” but in Alberta the legal term is personal representative (shortened to "PR").

Their job includes gathering estate assets, paying debts, filing taxes, and distributing what’s left to the beneficiaries.

Beneficiary

A person, charity or other organization entitled to receive something from the estate, as outlined in the will or under Alberta’s intestacy laws (if there’s no will).

Intestate / Intestacy

If someone dies without a valid will, they are said to have died “intestate.” In this case, Alberta’s Wills and Succession Act sets out who inherits.

Grant of Probate

A court order confirming that a will is valid and giving the PR authority to act on behalf of the estate. If there’s no will, the court may issue a Grant of Administration instead, appointing someone to handle the estate.

Sometimes it's needed; sometimes it's not.

Clearance Certificate

A certificate issued by the Canada Revenue Agency confirming that all taxes for both the deceased and the estate have been paid. This certificate can help protect the PR from personal liability for unpaid taxes.

Estate Terms:

Understanding these terms can help reduce confusion during an already emotional time or while in talks that you just don't want to have. If you’ve been named a personal representative or are a beneficiary in an estate, knowing the language is the first step toward understanding your rights and responsibilities.

Next post will talk more on the only other inevitable thing with life. What's your guess?

---

General information only. This isn’t legal advice and reading it doesn’t create a solicitor-client relationship. Laws change and outcomes depend on specific facts; content is current as of the date posted. External links are for convenience only and aren’t endorsements.