Losing a loved one is never easy. Amid the grief, families are often faced with the task of managing the deceased’s estate, something that can quickly become overwhelming without the right legal guidance. One of the most common steps in this process is probate. But what exactly is probate in Ontario, and when is it required?
In this post, we’ll break down the estate probate process in Ontario, explain when it applies, and highlight key things you should know if you’re an executor or beneficiary.
What Is Probate?
Probate is a legal process where the court confirms that a deceased person’s will is valid and that the named executor has the authority to manage the estate. If there is no will, the court must appoint someone (often a close family member) to act as estate trustee.
The probate process gives banks, land registries, and other institutions confidence that they’re dealing with the right person.
Depending on the size and complexity of the estate, the probate process can take weeks or even months to complete, further exacerbated if mistakes were made in filings or in the event a will is contested.
When Is Probate Required?
Not every estate needs to be probated. Probate is usually required when:
- The deceased owned real estate (especially in their name alone);
- There are significant financial assets (banks may require probate before releasing funds);
- Institutions or third parties request a Certificate of Appointment of Estate Trustee.
If the estate is small (under $50,000) and all assets are jointly owned or have designated beneficiaries (e.g., RRSPs, life insurance), probate might not be necessary.
Step by Step: How Probate Works
Here’s an overview of a typical probate process:
- Determine if Probate is Needed
Review the assets of the estate and contact any institutions holding those assets to ask whether they require a probate certificate.
- Complete Court Forms
You must submit several forms to the Ontario Superior Court of Justice, including:
- Application for a Certificate of Appointment of Estate Trustee (with or without a will)
- The original will and death certificate
- An estate information return (due within 180 days after the certificate is issued)
- A valuation of the estate’s assets
- Pay Estate Administration Tax (EAT)
Ontario charges a tax on the value of the estate over $50,000. The rate is:
- $0 on the first $50,000
- 1.5% on amounts over $50,000
For example, an estate worth $250,000 would pay $3,000 in EAT.
You can calculate your own EAT here: https://www.ontario.ca/page/calculating-estate-administration-tax
- Wait for the Certificate
Once the court approves the application, it issues a Certificate of Appointment of Estate Trustee, giving the executor legal authority to manage and distribute the estate.
- Administer the Estate
The executor can now collect assets, pay debts, file taxes, and distribute property to beneficiaries according to the will or intestacy laws.
Plan Ahead
If you or a loved one are planning your estates, consider strategies to reduce or avoid probate. These can include:
- Joint ownership of property
- Designating beneficiaries on accounts
- Creating an inter-vivos trust (living trust)
These steps can help your loved ones avoid legal complications later.
We Can Help
Don’t leave your loved ones with unnecessary legal stress or costly delays. Our experienced estate lawyers can help you create a clear, customized plan to avoid probate and ensure your assets are passed on smoothly. Click here to book a consultation: https://ottawalawyer.com/connect
The content on this post is for information purposes only and is not legal advice, which cannot be given without knowing the facts of a specific situation. You should never disregard professional legal advice or delay in seeking legal advice because of something you have read on this website. The use of the website does not establish a solicitor and client relationship.