Our probate lawyers prepare, file, and manage fixed-fee probate applications for executors and estate trustees across Ontario, including estates with a Will, estates without a Will, and qualifying small estates.
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Where the deceased left a valid Will, our probate lawyers prepare and file the application for a Certificate of Appointment of Estate Trustee.
Eligible family members can apply for probate where the deceased died without a valid Will, and we guide them through the process.
Qualifying Ontario estates valued at $150,000 or less may proceed through the simplified Small Estate Certificate process.
Our probate lawyers review the Will, estate assets, beneficiaries, proposed estate trustee, and any issues that may affect the application.
We confirm whether the estate requires probate with a Will, without a Will, or through the Small Estate Certificate process.
We prepare the required application, affidavits, notices, draft certificate, and supporting materials.
We submit the completed probate application and supporting documents to the Ontario Superior Court of Justice.
If the court requests corrections, clarification, or additional evidence, we prepare and file the required response.
Once the application is approved, the court issues the Certificate of Appointment of Estate Trustee, allowing the estate trustee to collect assets and continue administering the estate.
Our probate lawyer fees are fixed for qualifying, uncontested applications. Before we begin, we review the estate and confirm the applicable legal fee in writing.
Estate Administration Tax, HST, court charges, third-party disbursements, litigation, court motions, bonds, and additional estate administration services are not included unless expressly stated in the retainer agreement.
$1,500
+ HST
$1,800
+ HST
$2,500
+ HST
Executors, estate trustees, and families throughout Ontario rely on Shaikh Law Firm for clear advice, responsive communication, and practical assistance with probate and estate administration matters.
Probate is not required for every estate. Whether a Certificate of Appointment of Estate Trustee is necessary depends on the assets, how they were owned, and the requirements of the institutions holding them.
No. Probate is not required for every estate. Whether it is necessary depends on the assets, how they were owned, and the requirements of banks, investment institutions, the Land Registry Office, and other third parties.
It is a document issued by the Ontario Superior Court of Justice confirming the legal authority of an estate trustee to administer the deceased’s estate.
A straightforward probate application may be processed within 6 to 8 weeks after filing. Processing times vary depending on the court location, workload, completeness of the application, and whether additional information or corrections are required.
A standard probate application with a Will ordinarily requires the original signed Will. Where the original cannot be located, the application may still proceed, but additional evidence and, in some cases, a court order proving a copy of the Will may be required.
The person is considered to have died intestate. An eligible person may apply to become the estate trustee, and the estate is distributed according to Ontario’s intestacy laws.
Shaikh Law Firm offers fixed legal fees for qualifying, uncontested probate applications. Our current packages are $1,500 + HST for qualifying estates valued under $150,000, $1,800 + HST for straightforward probate applications with a valid Will, and $2,500 + HST for straightforward applications without a Will. Estate Administration Tax, court charges, disbursements, litigation, and additional estate administration work are not included unless stated in the retainer agreement.
Yes. An executor may live outside Ontario, but additional procedural, tax, bonding, or practical issues may arise depending on where the executor resides and the circumstances of the estate. We assist executors throughout Canada and internationally where an Ontario probate application is required.
Yes. An estate trustee may incur personal liability where estate assets are distributed improperly, debts or taxes are left unpaid, beneficiaries or creditors are treated incorrectly, or the trustee otherwise breaches their legal obligations. Obtaining legal advice before distributing the estate can help reduce these risks.
The property may sometimes be listed or conditionally sold before the Certificate of Appointment is issued. However, completing the sale will often require formal court authority where the property was owned solely by the deceased. Our probate and real estate departments can coordinate the probate application, transmission of title, and sale of the property.
Speak with an Ontario probate lawyer about the Will, estate assets, probate requirements, legal fees, and the documents required to move the application forward.
Learn more about probate fees, court timelines, and which estate assets may require probate in Ontario.
Review Ontario probate legal fees and use our calculator to estimate Estate Administration Tax based on the value of the estate.
Learn all you need to know about Probate in Ontario
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