If there are no issues with the probate application then it usually takes between 6 to 8 weeks to probate in Ontario. As per the Ministry of Attorney General, within 15 days, a probate application is processed. Court staff will review the application within 15 days to identify missing documentation and search court records for applications filed by another beneficiary. If there are no issues with the Probate Application, the court staff will allocate a court file number to your Probate application. After probate is granted it will take upto one year for an executor to settle an estate in ontario.
The time for grant of probate depends on how busy is the court registry, if there are issues with your application or if any motions or objections are filed with the court. Generally it takes 6 to 8 weeks for grant of proabte in Ontario. At busy court location such as Toronto probate application process can take upto 5 months.
In some cases, it took several months for a probate grant due to errors or motions and objections filed by parties. Therefore, it is not a concert timeline.
An executor should be able to settle an estate in Ontario within 1 (One) year. The executor is responsible to distribute funds as soon as possible. However, the entire process takes time. Therefore, it is common for executors to distribute funds among the beneficiaries to take up to a year.
In some cases, it could take longer than one year to settle an estate depending upon the complexity of the estate and the number of assets.
An executor may need more time to transfer multiple assets to settle an estate, for example, transfer of the real estate, mortgage, settlement of debts owing to the deceased, government or non-government bonds, stocks, bank accounts, automobiles, cash, jewelry, Tax returns, life insurance policies etc.
An executor is a person named in the Will to carry out the deceased’s wishes and directions. The court confirms the appointment of the executor named in the Will by issuing a Certificate of Appointment of Trustee. If there is no will, then the executor effectively is the person who received a Certificate of Appointment of Trustee by the court.
A person appointed as an Estate Trustee must file an Estate Information Return within 180 calendar days after the estate certificate has been issued.
Contact your lawyer or the lawyer for the applicant to check the status of probate in Ontario. Parties can also call the courthouse to inquire about the status of probate in Ontario.
An update about probate application status is available 15 days from the date the court received the application. Do not forget, if there are no issues with your application, then the probate application is processed further; if not, then you will get notified within 15 days about any problems with your file.
Drafting a Probate Application is not time-consuming, provided your lawyer has all the necessary information, such as a complete list of assets and debts. If you have completed the Client Intake form and have provided all supporting documents, then it is a matter of hours to draft the Probate Application.
If there is no will then renunciation and original consent needs to be obtained from all beneficiaries which could be time-consuming, especially if some of the beneficiaries are overseas or out of province.
Learn More about our probate lawyer fees structure.
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