What is Probate? A Simple Guide for Families and Executors
If you’ve recently lost a loved one, you might be wondering, “What exactly is probate, and do I need to worry about it?” You’re not alone - many people aren’t sure what probate actually involves or when it’s needed.
This post explains what probate is, when it’s necessary, how it works in Ontario, and what it costs. Whether you're an executor or a family member trying to understand the next steps, this guide will walk you through the essentials.
What Is Probate?
In Ontario, probate is the legal process used to confirm that a will is valid and that the person named as executor (also called the estate trustee) has the legal authority to manage the deceased’s estate. The official term for this process is applying for a Certificate of Appointment of Estate Trustee.
The executor’s authority to manage the assets of the estate comes from the will itself, not from the court. However, many third parties - such as banks, investment firms, and the Ontario Land Registry Office - require probate before they will release funds or transfer property. Probate gives these institutions confidence that the will is legitimate and that they are dealing with the correct person.
Do You Need Probate?
Not every estate in Ontario requires probate. Whether probate is needed depends on the types of assets in the estate and how they were owned.
Probate is usually required if:
The deceased owned real estate in their name alone
There are substantial assets in bank accounts or investments with no named beneficiary
A financial institution requests probate before releasing funds
There is no will, or the will is unclear or disputed
On the other hand, probate may not be needed for:
Jointly owned property with a right of survivorship
Life insurance or registered accounts (like RRSPs or TFSAs) with a named beneficiary
Small bank accounts that institutions may release without a court certificate
What Does the Ontario Probate Process Involve?
To apply for probate in Ontario, the executor must prepare and submit several documents to the court, including:
The original will (if one exists)
The death certificate
A detailed list of estate assets and their estimated value
Completed court forms and affidavits
If everything is in order, the court will issue a Certificate of Appointment of Estate Trustee, which can then be used to administer the estate.
How Long Does Probate Take?
The probate process in Ontario can take anywhere from a few months to a year or more, depending on the court’s backlog and the complexity of the estate. Delays are more likely if:
The will is contested or unclear
The estate is complex
Documents are missing or incomplete
It’s helpful to work with an estates lawyer to avoid unnecessary delays.
What Does Probate Cost in Ontario?
Ontario charges an Estate Administration Tax (commonly referred to as probate fees) based on the total value of the estate. As of now, the fees are:
$0 on the first $50,000 of the estate
$15 for every $1,000 over $50,000
For example, an estate valued at $250,000 would result in probate fees of $3,000.
Can Probate Be Avoided?
There are strategies that may reduce or avoid the need for probate in Ontario, such as:
Naming beneficiaries directly on registered accounts or insurance policies
Holding assets jointly (with right of survivorship)
Using multiple wills (a common strategy for business owners)
However, these strategies aren’t right for every situation. It’s important to consult a lawyer to ensure they are implemented correctly and do not create unintended problems.
If you have any questions about probate or would like help administering an estate, please contact us to schedule a consultation
This blog post is for informational purposes only and is not intended to provide legal advice. If you require legal assistance, before taking any action you should contact us or another qualified lawyer to discuss your situation.
