Probate is the court process that confirms an executor's authority to deal with the estate. In Ontario the court issues a Certificate of Appointment of Estate Trustee with a Will. Banks, investment firms and the land registry often ask to see it before releasing or transferring assets.
We prepare the application, calculate and arrange the estate administration tax, and guide the executor through the steps that follow.
Is probate always needed?
Not always. Assets with a named beneficiary, jointly held assets that pass by survivorship, and small accounts may not need it. Real estate in the deceased's sole name and larger investment accounts usually do. Each institution has its own rules, so we review the assets first.
Estate administration tax
Ontario charges estate administration tax when the certificate is issued. The first $50,000 of the estate is exempt, and the rate above that is $15 for every $1,000 (1.5%). The tax is based on the value of the estate's assets, with real estate valued without deducting a mortgage. An Estate Information Return must be filed within 180 days after the certificate is issued.
What the executor does
- Locate the original will and obtain the death certificate
- Secure and insure property and list the assets and debts at the date of death
- Apply to the Superior Court of Justice for the certificate
- Pay debts, taxes and the final income tax return
- Distribute the estate to the beneficiaries and keep clear records
Executors have personal responsibility
An executor can be personally liable for mistakes, such as distributing too early or missing a tax obligation. Early legal advice protects both the executor and the beneficiaries.
What to bring to your first probate meeting
- The original will and any codicils
- Death certificate
- List of assets with approximate values at the date of death (accounts, property, vehicles, investments)
- List of debts and ongoing bills
- Names, addresses and relationships of beneficiaries and next of kin
- Information about any property outside Canada, including India
Frequently asked questions
How long does probate take in Ontario?
It depends on the court and on how complete the application is. A complete application with the tax paid and no objections moves faster. We can give you an estimate once we see the file.
Where is the application filed?
At the Superior Court of Justice in the region where the person lived. For people who lived in Mississauga or Brampton, that is the Peel court in Brampton.
What if there is no will?
Then there is no executor named, and someone applies to be appointed estate trustee without a will. The law sets who inherits. We can help with that application.
Last updated: .This page is general information about Ontario law, not legal advice. Every situation is different; speak to a lawyer about yours.