What probate means in Ontario
When people in Ontario say probate, they usually mean applying to the court for a Certificate of Appointment of Estate Trustee. The certificate confirms the executor’s authority, so banks, land registries and others will deal with them.
Not every estate needs it. Whether yours does depends on what the person owned and how it was held, for example jointly with a spouse or with a named beneficiary.
What the application involves
- Finding the original will and confirming it is the last one.
- Listing and valuing everything the person owned.
- Preparing and filing the court forms.
- Paying Estate Administration Tax, which is generally based on the value of the estate.
- Filing the Estate Information Return with the Ministry of Finance after the certificate is issued.
Smaller estates can generally apply for a simpler small estate certificate instead, which asks for less.
After the certificate
We help executors with what comes next: collecting the assets, paying the debts and final taxes, keeping proper records, and distributing what is left under the will. We also act for executors who live outside Ontario.
If you are an executor, hold off on handing out money or belongings until the debts and taxes are clear.
Start by gathering the original will, the death certificate, and a list of the person’s accounts and property.
Common questions
How long does probate take in Ontario?
It varies by court and by how complete the application is. Preparing the application usually takes a few weeks once the information is gathered; the court’s processing time is on top of that.
Do I have to be in Ontario to act as executor?
No. Executors who live elsewhere can act, and we regularly work with them by video. Some extra requirements can apply to executors outside Ontario, and we will explain them.
Is the executor personally responsible for anything?
An executor who distributes the estate before debts and taxes are paid can be personally responsible for them. That is one reason to get advice early.
This page is general information about Ontario law, not legal advice for your situation.