January 15, 2025

What is Probate in Ontario? A Complete Guide for 2025

Learn everything about the probate process in Ontario - when you need it, how long it takes, costs involved, and step-by-step guidance for executors.

When someone passes away in Ontario, their estate often needs to go through a legal process called probate. If you're dealing with the loss of a loved one and hearing this term for the first time, you're probably wondering: What exactly is probate, and do I need it?

Understanding Probate: The Basics

Probate is a legal process in Ontario where the court validates a deceased person's will and confirms the executor’s authority to act on behalf of the estate.

Think of probate as getting a "legal stamp of approval" that tells banks, government agencies, and other institutions: "Yes, this person has the right to handle the deceased's affairs."

When Do You Need Probate in Ontario?

You typically need probate when:

• Banks require it - Most financial institutions won't release funds over $25,000-$50,000 without a Certificate of Appointment of Estate Trustee
• Real estate is involved - Land Registry Offices usually require probate to transfer property ownership
• Investment accounts - Brokerages and investment firms often demand probate documentation
• There are disputes - If anyone contests the will, probate provides legal clarity

The Probate Process: Step by Step

1. Gather Required Documents

• Original will
• Death certificate
• List of assets and debts
• Beneficiary information

2. File Application

• Submit application to the Ontario Superior Court of Justice
• Pay required fees (estate administration tax)
• Provide detailed estate inventory

3. Court Review

• Court examines the application
• May request additional information
• Issues Certificate of Appointment if approved

4. Administer the Estate

• Pay debts and taxes
• Distribute assets to beneficiaries
• File final tax returns

How Long Does Probate Take in Ontario?

The timeline varies significantly:

• Simple estates: 4-8 weeks
• Complex estates: 6-12 months or longer
• Contested estates: Can take years

Factors affecting timeline include estate complexity, court backlog, completeness of documentation, and whether there are disputes.

Probate Costs in Ontario

Estate Administration Tax

Ontario charges an estate administration tax (often called "probate fees"):

• First $50,000: No tax
• $50,000 to $150,000: $15 per $1,000
• Over $150,000: $15 per $1,000

Legal Fees

While not required, most people hire a lawyer. Costs vary:

• Simple estate: $2,000-$5,000
• Complex estate: $5,000-$15,000+

Do You Always Need Probate?

Not necessarily. You might avoid probate if:

• Assets are jointly owned with right of survivorship
• Beneficiaries are named on accounts/policies
• Estate value is very small
• Assets are in trust

Key Takeaways

• Probate validates a will and grants legal authority to the executor
• It's often required for estates with significant assets or real estate
• The process typically takes 4-8 weeks for simple estates
• Ontario charges estate administration tax on estates over $50,000
• Legal help is available and often recommended

If you're facing probate in Ontario and need guidance connecting with an experienced estate lawyer, we're here to help make that process as smooth as possible during this difficult time.