July 15, 2025

When Is Probate Required in Ontario? (And When You Can Skip It)

A plain-English guide to when probate is required in Ontario, which assets need it, which ones skip it, and how to find out for your own family situation.

After a loved one dies, one of the first questions families ask is a simple one: do we actually have to go to court? In Ontario, it comes down to what the person owned and how they owned it.

What probate means, in one plain line

Probate is the court process that confirms who has the legal authority to manage a deceased person's estate. In Ontario, the court shows this approval by issuing a document called the Certificate of Appointment of Estate Trustee.

A few everyday words will make the rest of this guide easier to follow:

• Estate: everything the person owned when they died - their home, bank accounts, car, investments, and personal belongings.
• Estate trustee: the person in charge of the estate. You may know this role by its older name, the executor. We use both words below.
• Certificate of Appointment: the official court document that proves an estate trustee has the authority to act on the estate's behalf.

One point matters more than the rest: probate does not decide who inherits - the will does that. Probate simply gives an official, court-backed stamp of approval so that banks, land offices, and investment firms will deal with the estate trustee. Whether you need that stamp depends on the individual assets, not on the estate as a whole.

Why the answer matters

Knowing whether you need probate is not just a technicality. Probate costs money and takes time, so the answer shapes how you plan the difficult months ahead.

• Cost: Ontario charges an Estate Administration Tax (probate fees) based on the value of the estate, so a probated estate carries a fee that a non-probated one avoids.
• Time: waiting for the court to issue the Certificate can take weeks or months, which affects when you can sell a home or release larger accounts.
• Access: until the Certificate is issued, some assets stay frozen, so families sometimes have to cover expenses out of pocket in the meantime.

This is not a reason to dodge probate when it is genuinely required - trying that can backfire badly. It just means it pays to learn where you stand early, so nothing catches the family off guard later.

Assets that usually REQUIRE probate

Some assets are very difficult to deal with unless you hold a Certificate. If any of the following apply to your situation, you will most likely need to apply for probate.

Real estate owned in the deceased's name alone

If the person owned a house, condo, or piece of land entirely by themselves, the Land Registry Office (the government office that records who legally owns property) will almost always require probate before the property can be sold or transferred to the people who inherit it. This is one of the most common reasons Ontario families end up applying.

Larger bank and investment accounts

Banks and investment firms protect themselves by asking for proof of authority before releasing larger sums of money. Investment accounts held only in the deceased's name - such as non-registered trading or brokerage accounts - almost always require probate. Larger chequing and savings accounts usually do too.

When an institution simply demands it

Sometimes an asset would not obviously require probate, but the institution holding it asks for the Certificate anyway to protect itself from paying the wrong person. When a bank or a company's transfer agent - the firm that keeps track of who owns a company's shares - insists on seeing a Certificate, you generally have to provide one before they will release anything.

When there is a dispute in the family

If someone challenges the will, or questions who should be in charge of the estate, probate becomes important. The Certificate gives the estate trustee clear authority that a court has reviewed, which helps settle doubt and lets third parties act with confidence.

Assets that usually let you SKIP probate

Not everything a person owns flows through the estate. Some assets pass directly to another person - either by law or by a contract the deceased set up in advance - and those usually avoid probate entirely.

Property held in joint tenancy

When two people own something in joint tenancy with right of survivorship - often a home or a bank account held by spouses - the survivor automatically becomes the sole owner the moment one owner dies. The asset passes outside the estate, so probate is usually not needed for it. One word of caution: joint ownership between a parent and an adult child is not always as simple as it looks, and can sometimes lead to family disputes about who was really meant to benefit.

Accounts and policies with a named beneficiary

Many accounts let you name a beneficiary - the person who is meant to receive the money directly. These commonly include RRSPs, RRIFs, TFSAs, life insurance policies, and workplace pensions. When a valid beneficiary is named, the money is generally paid straight to that person and skips both the estate and probate.

Small bank accounts and small estates

• Small accounts: many banks will release a modest account without probate if the balance is low enough. We explain this threshold in the next section.
• Small estates: Ontario has a simplified path for estates valued at $150,000 or less, using a Small Estate Certificate. You may still need to apply, but the process is lighter and less expensive.

The bank threshold nuance

One of the most common questions we hear is: the bank is holding $30,000 - do we really need probate? There is no single legal number that answers this. Each bank sets its own internal limit for releasing funds without a Certificate.

In practice, many institutions will release accounts somewhere in the range of $25,000 to $50,000 without probate, but the exact figure varies by bank and sometimes even by branch. Keep these points in mind:

• The limit is the bank's own policy, not a law - two banks can treat the same balance quite differently.
• Banks weigh their own risk. If anything about the estate looks unclear, they may ask for probate even on a smaller account.
• Always ask the specific institution, in writing, what they require for this specific account.

How to actually find out for your situation

You do not have to guess. The reliable way to learn whether probate is needed is to work through the assets one at a time.

• Make a list of everything the person owned, and note how each asset is held - alone, jointly, or with a named beneficiary.
• Contact each bank, investment firm, and insurer. Ask directly whether they will release or transfer the asset without a Certificate of Appointment.
• For real estate, check whose name is on the title. Solely-owned property almost always needs probate; jointly-owned property usually does not.
• Get the answer in writing wherever you can, so you have a clear record to rely on.
• Remember that if even one significant asset requires probate, you will likely have to apply - so it pays to sort this out early.

Key Takeaways

• Probate is a court stamp confirming who can manage the estate - it does not decide who inherits.
• Solely-owned real estate and larger investment accounts almost always require probate.
• Joint property with right of survivorship and assets with a named beneficiary usually skip probate.
• Bank thresholds are policies, not laws, and they vary by institution - ask each one directly.
• If even one major asset needs probate, you will likely have to apply, so check early.
• This is general information about Ontario estates, not legal advice for your specific situation.