On this page
01
What probate is in Ontario
Probate is the court process that confirms a will is valid and that the person named in it has the authority to deal with the estate. In Ontario the document the court issues is called a Certificate of Appointment of Estate Trustee.
There are three versions. A Certificate of Appointment of Estate Trustee with a Will is issued when there is a valid will. A Certificate of Appointment of Estate Trustee without a Will is issued when there is no will, and the court appoints a trustee under Ontario's intestacy rules. For estates valued at $150,000 or less, a simplified Small Estate Certificate is available with shorter forms.
The person applying is the estate trustee. Most people know that role as the executor. The terms mean the same thing in Ontario.
02
Does the estate need probate?
Not every estate does. Whether probate is required depends on what the person owned and how each asset was held, not on whether there is a will.
Assets that usually require a certificate
- A house, condo or land registered in the deceased's name alone
- Bank and investment accounts in the deceased's name alone, above the amount the institution is willing to release without a certificate
- Shares in private companies, and most non-registered investments held in the deceased's sole name
- Any asset where the institution holding it asks for a certificate before it will act
Assets that usually pass outside the estate
- Property held jointly with a right of survivorship, such as a home owned jointly by spouses
- RRSPs, RRIFs, TFSAs, pensions and life insurance with a named beneficiary other than the estate
- Assets held in a trust set up during the person's lifetime
Banks set their own limits for releasing funds without a certificate, and they apply them case by case. If you are unsure, we can tell you in a short call whether an application is likely to be needed. Read the full guide: Do you need probate in Ontario?
03
The steps, in order
- Locate the original will and confirm it is the last one. The court needs the original, not a copy.
- Identify and value every asset as of the date of death. Real estate, accounts, investments, vehicles and personal property all count. Debts other than a mortgage registered against Ontario land do not reduce the value.
- Calculate the Estate Administration Tax on that value. Use our calculator for an estimate.
- Prepare the court forms. The application, the affidavit of the estate trustee, the notice to beneficiaries and, where required, a renunciation from anyone with a prior right to apply.
- Serve the notice on every beneficiary before filing. The court will not accept an application until this is done and sworn to.
- File the application with the Superior Court of Justice for the region where the deceased lived, and pay the tax as a deposit.
- Respond to any court requisition. If the registrar asks for a correction or a missing document, the clock stops until it is answered.
When there is no will, an administration bond from a surety may also be required unless the court dispenses with it. That is one of the more common reasons an application stalls, and it is worth planning for at the start.
04
How long it takes
Three clocks run one after the other.
- Preparing the application: usually two to six weeks, driven mostly by how quickly asset values and beneficiary details can be gathered.
- The court's review: the Ontario government states that complete applications are typically processed within about 15 business days. In practice this varies by courthouse and by season, and Toronto has historically been slower than Milton or Brampton.
- Administering the estate: collecting assets, paying debts and taxes, filing the Estate Information Return and distributing to beneficiaries commonly takes six to twelve months, and longer for estates with a house to sell or a final tax clearance to wait for.
Read the full timeline guide, including what most often causes delay.
05
What it costs
There are two separate costs, and it helps to keep them apart.
1. Estate Administration Tax (paid to Ontario)
Often called probate fees. There is no tax on the first $50,000 of the estate's value, and $15 for every $1,000, or part of $1,000, above that. On a $600,000 estate the tax is $8,250. It is paid to the court when the application is filed. The rates are set by the Ontario government and are published on ontario.ca.
2. Our legal fee
We quote a flat fee for the probate application, in writing, before you retain us. The quote says exactly what it covers and what is charged separately, such as the tax above, court and registration fees, and HST. If the estate later needs work beyond the application, we tell you before that work starts. How our fees work.
| Estate value | Estate Administration Tax |
|---|---|
| $50,000 or less | $0 |
| $250,000 | $3,000 |
| $500,000 | $6,750 |
| $750,000 | $10,500 |
| $1,000,000 | $14,250 |
06
Where the application is filed
Probate applications go to the Superior Court of Justice in the county or region where the deceased lived. For the communities we serve most:
- Oakville, Burlington, Milton, Halton HillsSuperior Court of Justice, Milton
491 Steeles Avenue East, Milton, ON L9T 1Y7 - Mississauga, Brampton, CaledonSuperior Court of Justice, Brampton
7755 Hurontario Street, Brampton, ON L6W 4T1 - Hamilton, Ancaster, Stoney Creek, DundasSuperior Court of Justice, Hamilton
45 Main Street East, Hamilton, ON L8N 2B7 - TorontoSuperior Court of Justice, Toronto Estates Office
330 University Avenue, Toronto, ON M5G 1R7
If the deceased lived outside Ontario but owned property here, the application is filed where the property is located. Court locations and contact details are published by the Ontario Superior Court of Justice.
07
After the certificate is issued
The certificate is the start of the estate trustee's work, not the end of it. The main obligations that follow:
- Estate Information Return: filed with the Ontario Ministry of Finance within 180 calendar days after the certificate is issued, listing the assets and confirming the tax paid.
- Collecting the assets: presenting the certificate to banks, investment firms and the land registry, and moving everything into an estate account.
- Debts and taxes: paying valid debts, filing the deceased's final income tax return and any estate returns, and considering a clearance certificate from the Canada Revenue Agency before the final distribution.
- Distribution: paying beneficiaries in the shares the will sets out, with releases where appropriate, and keeping accounts that could be passed if a beneficiary or the court asks for them.
See the estate trustee duties checklist for the full list, in order.
08
What we do for you
You give us the will, the death certificate and what you know about the assets and the family. We do the rest of the application.
- Confirm whether probate is needed, and which certificate applies
- Calculate the Estate Administration Tax and prepare the asset schedule
- Draft every court form and the affidavits, and arrange the swearing
- Serve the beneficiaries and prepare the proof of service the court requires
- File with the correct court, pay the deposit from estate or trustee funds as arranged, and deal with any requisition
- Prepare and file the Estate Information Return once the certificate is issued
- Advise the estate trustee on the steps that follow, in plain language, in English or Arabic
The lawyer you speak to on the first call, Osama Al-Bezreh, is the lawyer who prepares and files your application. Meetings are in person in Oakville or by video.
Probate questions we answer most often
It depends on what the person owned and how it was held. A bank, investment firm or the land registry will usually ask for a Certificate of Appointment of Estate Trustee before releasing money or transferring property that was in the deceased's name alone. Jointly held property and accounts with a named beneficiary usually pass outside the estate and do not need probate.
There are two costs. The Ontario government charges Estate Administration Tax: nothing on the first $50,000 of estate value and $15 for every $1,000 above that, paid when the application is filed. The second cost is the legal fee. We quote our fee as a flat amount, in writing, before you retain us, and we tell you what is not included.
Gathering the information and preparing the application usually takes a few weeks. Once a complete application is filed, the Ontario government says the court typically processes it within about 15 business days, though busy courts can take longer. Administering the whole estate, from the certificate to the final distribution, often takes six months to a year or more.
Yes. There is no legal requirement to use a lawyer. Applications are rejected when forms are incomplete, values are wrong or the notices to beneficiaries were not served correctly, and each rejection restarts the clock. Many estate trustees retain a lawyer to prepare and file the application so it is accepted the first time.
It is a simplified probate process for Ontario estates valued at $150,000 or less. The forms are shorter and the process is designed to be easier for a family member to complete. The Estate Administration Tax is calculated the same way.
A return the estate trustee must file with the Ontario Ministry of Finance within 180 calendar days after the certificate is issued. It lists the estate's assets and their values at the date of death and confirms the Estate Administration Tax that was paid.
No. A will names the estate trustee and says who inherits, but it does not prove those things to a bank or the land registry. Probate is the court's confirmation that the will is valid and that the trustee has authority to act. Whether it is needed still depends on the assets.
Yes. The application is filed with the Superior Court of Justice for the region where the deceased lived, and most of the work is done by document and email rather than in person. We act on estates across Ontario from our Oakville office, in English and Arabic.