Services
Probate Application
What is a Probate Application in Ontario?
A probate application in Ontario is your formal request to the Superior Court of Justice for a Certificate of Appointment of Estate Trustee. This legal document proves you have the authority to act on behalf of a deceased person's estate.
Without this certificate, banks, investment firms, and the Land Registry Office typically won't release assets or transfer property ownership. It's essentially your "legal permission slip" to manage the estate.
When Do You Need a Probate Application?
Financial Institutions
Most banks and credit unions require probate for accounts over $25,000-$50,000. Investment firms almost always require probate regardless of amount.
Real Estate
Land Registry Offices require probate to transfer property ownership, whether you're selling or transferring to beneficiaries.
Insurance Claims
Life insurance companies may require probate if beneficiaries aren't clearly designated or if there are disputes.
Family Disputes
If anyone contests the will or your authority as executor, probate provides legal clarity and protection.
The Probate Application Process
Gather Required Documents
You'll need:
- Original will and any codicils
- Death certificate
- Complete inventory of assets and debts
- Beneficiary information and consent forms
- Executor identification documents
Complete Application Forms
Fill out detailed forms about the estate's value, debts, beneficiaries, and your qualifications as estate trustee. Accuracy is crucial - errors can delay the process significantly.
File with Superior Court
Submit your application to the Ontario Superior Court of Justice along with the estate administration tax payment. The court will review your application for completeness and accuracy.
Receive Certificate
Once approved, you'll receive your Certificate of Appointment of Estate Trustee. This gives you the legal authority to manage and distribute the estate.
Probate Application Costs in Ontario
Estate Administration Tax
First $50,000:
$0
Over $50,000:
$15 per $1,000
Example:
For a $300,000 estate: ($300,000 - $50,000) × $15 ÷ $1,000 = $3,750 in probate fees
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Common Probate Application Challenges
Incomplete Documentation
Missing documents or inaccurate asset valuations can delay your application by months. The court requires complete and precise information.
Complex Assets
Business interests, foreign assets, or complicated investment portfolios require special handling and expert valuation.
Family Disputes
Disagreements between beneficiaries or challenges to the will can significantly complicate and delay the probate process.
Tax Complications
Estate tax returns, capital gains calculations, and clearance certificates add complexity that requires professional expertise.
Ready to Start Your Probate Application?
Don't navigate the probate process alone. We can connect you with our trusted network of experienced Ontario estate lawyers who can guide you through every step and help ensure everything is handled properly and efficiently.
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