Probate
Probate is the legal process by which a will is validated by the Ontario Superior Court of Justice, confirming the authority of the executor (known legally as the estate trustee) to act on behalf of the estate. If there is no will, probate involves appointing someone to administer the estate under Ontario’s intestacy laws.
The court issues a Certificate of Appointment of Estate Trustee, which financial institutions, government agencies, and others often require before releasing assets. Probate ensures that the will is legally valid, protects the interests of beneficiaries, and provides formal recognition of the estate trustee’s authority.
While not all estates require probate, it is often necessary when the estate includes real estate, significant bank accounts, or other assets held solely in the deceased’s name. The process can vary in complexity depending on the nature of the estate and whether a valid will exists.
We assist clients with all aspects of probate, including preparing court forms, valuing assets, identifying beneficiaries, and navigating any legal issues that arise—ensuring the process is handled efficiently, correctly, and with care.
Our Services for Probate
With a Will
When someone passes away with a valid will, the executor named in the will must apply for a Certificate of Appointment of Estate Trustee with a Will. This certificate legally confirms their authority to administer the estate—such as collecting assets, paying debts, and distributing property as directed in the will. In Ontario, many institutions (like banks or the Land Registry Office) require this certificate before releasing or transferring assets, even if the will appears straightforward.
Without a Will
If the deceased did not leave a valid will, someone—usually a spouse, child, or other close relative—must apply for a Certificate of Appointment of Estate Trustee without a Will. This process gives them the legal authority to manage the estate under Ontario’s intestacy rules, which dictate how assets are distributed. The applicant must provide proof of their relationship to the deceased and may need to obtain consents from other family members or post a bond. This type of application often involves more paperwork and complexity than when a will exists.
Replacing an Executor
If the originally named executor (estate trustee) is no longer able to act—due to death, incapacity, or resignation—a new individual must apply for a Certificate of Appointment of Succeeding Estate Trustee. This certificate ensures the estate administration can continue without interruption. The new applicant must provide evidence of the prior trustee’s inability to act and may also need consent from beneficiaries. This process ensures continuity and legal authority in managing the estate.
Limited to Specific Assets
In some cases, a will only addresses certain assets—such as a single property, specific bank accounts, or personal items—rather than the full estate. A Certificate of Appointment with a Will Limited to the Assets Referred to in the Will grants the estate trustee authority to deal solely with those specified assets. This type of probate may be useful when the rest of the estate does not require formal administration or when the will was written for a limited purpose.
Small Estates
Ontario’s Small Estate Certificate process is designed for estates valued at $150,000 or less. It simplifies the probate procedure by reducing paperwork and filing fees, making it more accessible for families managing modest estates. The applicant must still provide a basic inventory of the estate’s assets and meet legal requirements, but the process is generally faster and less burdensome than a full probate application. This is a practical option for those handling straightforward or smaller-value estates.
Book an Appointment
Ensure your wishes are clearly defined and legally upheld by scheduling a consultation for will preparation. Our team will guide you through the process, ensuring your estate is properly planned and your loved ones are protected. Contact us today to book your appointment and take the important step toward securing your legacy with confidence.