Ontario · An Executor’s Guide
Understand the process. Know your next steps.
Probate is the court process used to confirm an estate trustee’s authority and, where applicable, the validity of a Will. This guide explains when probate is required, who can apply, the documents involved and what happens after a certificate is issued.
Probate in Ontario is the court process through which the Ontario Superior Court of Justice confirms the validity of a Will, where there is one, and issues a Certificate of Appointment of Estate Trustee. The certificate provides proof of the estate trustee’s legal authority to collect, manage and distribute the deceased’s estate.
Probate is generally required where a financial institution, land registry office or other organization will not release or transfer an asset without a court-issued certificate. This guide explains when probate is required in Ontario, who may apply, the documents involved, the probate process and the estate trustee’s responsibilities after the certificate is issued.
Understanding the court certificate
Probate is the term commonly used for the court process of obtaining a Certificate of Appointment of Estate Trustee from the Ontario Superior Court of Justice. The certificate provides formal proof that the estate trustee has legal authority to collect and manage estate assets and complete transactions requiring court-confirmed authority.
Where there is no valid Will, the court may appoint an eligible person as Estate Trustee Without a Will. The estate must then be administered and distributed in accordance with Ontario’s intestacy laws.
To probate a Will means to submit the original Will to the Ontario Superior Court of Justice so the court can confirm it as the deceased’s valid last Will and confirm the authority of the estate trustee named in it.
If the application is approved, the court issues a Certificate of Appointment of Estate Trustee With a Will. The court does not distribute the estate or supervise the estate trustee’s day-to-day decisions. The estate trustee remains responsible for administering the estate in accordance with the Will and Ontario law.
Shaikh Law Firm · Ontario Probate Guide
In Ontario, probate is generally required when an estate trustee needs a court-issued Certificate of Appointment to collect, transfer or sell estate assets. This commonly occurs where the deceased owned real estate in their sole name, where a bank or investment institution requires probate before releasing assets, or where there is no Will and a person must be formally appointed to administer the estate.
Probate may be required where:
Having a Will does not automatically avoid probate. Similarly, the value of the estate alone does not determine whether probate is required.
Probate may not be required where:
Note: Each financial institution and asset holder may apply its own requirements. The proposed estate trustee should confirm those requirements before commencing a probate application.
Certain Ontario Real Estate – First Dealings Exemption
In some cases, Ontario real estate registered as Land Titles Conversion Qualified (LTCQ) may be transferred without obtaining probate where the transaction is the first dealing with the property following its conversion from the Registry system to Land Titles. Whether the exemption is available depends on the property’s title history and the applicable land-registration requirements.
A lawyer should review the parcel register before determining whether probate is required to deal with the property.
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Most straightforward probate matters fall into one of three categories. The correct application depends on whether the deceased left a valid Will and the value of the estate.
Where the deceased left a valid Will, the person named as estate trustee may apply for a Certificate of Appointment of Estate Trustee With a Will.
The certificate confirms the applicant’s authority to administer the estate in accordance with the Will. The original Will and any codicils must generally be submitted with the required application materials.
Where the deceased did not leave a valid Will, an eligible person may apply for a Certificate of Appointment of Estate Trustee Without a Will.
There is no automatically appointed executor. A surviving spouse or the deceased’s closest next of kin will generally have priority to apply, subject to Ontario law and the court’s approval. The estate must be distributed according to Ontario’s intestacy rules.
Consents, renunciations, or an estate administration bond may be required depending on the circumstances.
An estate valued at $150,000 or less may qualify for Ontario’s optional simplified Small Estate Certificate process. The procedure may be used for qualifying estates with or without a Will.
A Small Estate Certificate authorizes the estate trustee to manage only the assets identified in the certificate. If additional assets are discovered, an amended certificate or a regular probate application may be required.
Specialized applications may be necessary where there are multiple Wills, a missing original Will, a foreign probate certificate, no available estate trustee, or other unusual circumstances.
Before filing a Small Estate Certificate application, the signed application must generally be provided to each person entitled to share in the estate at least 30 days before filing.
The person entitled to apply depends on whether the deceased left a valid Will and who is legally entitled to seek appointment. Being a family member or having acted under a Power of Attorney does not, by itself, authorize someone to administer the estate.
The person named as estate trustee in the Will will usually apply for a Certificate of Appointment of Estate Trustee With a Will.
If the named estate trustee has died, is unable to act, or renounces the appointment, an alternate estate trustee named in the Will may apply. Where no named or alternate estate trustee is available, the beneficiaries may nominate another suitable person, subject to the court’s approval.
When a person dies without a valid Will, there is no automatically appointed executor. The Ontario Superior Court of Justice may appoint:
The court retains discretion to determine who should be appointed. Where several people have an equal right to apply, consents or renunciations may be required. If they cannot agree, a court determination may be necessary.
Eligibility to apply as estate trustee is separate from the right to inherit from the estate. For example, a common-law partner may be eligible to seek appointment but does not automatically inherit under Ontario’s intestacy rules.
More than one person may apply jointly. Depending on the circumstances, the court may also require an estate administration bond before issuing the certificate.
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The documents required for probate depend on whether there is a Will, the value of the estate, and the circumstances of the proposed estate trustee. Common requirements include:
Original Will and Codicils: Where there is a Will, the original signed Will and every codicil must generally be submitted to the court.
Evidence Relating to the Will: Depending on the document, an affidavit concerning the execution, condition, or authenticity of the Will may be required.
Proof of Death: This may include a death certificate or another form of proof accepted by the court. An official Ontario death certificate may be ordered through ServiceOntario.
Applicant Information: The applicant must provide their legal name, address, relationship to the deceased, and the basis upon which they are entitled to apply.
Beneficiary and Family Information: The application requires information about the beneficiaries and, where applicable, the deceased’s spouse, children, and next of kin.
Estate Asset Information: The applicant must identify the estate assets and their date-of-death values. Supporting records may include bank statements, investment statements, property information, vehicle details, and appraisals.
Probate Application Forms: The required court forms vary depending on whether the application involves a Will, an intestacy, or a Small Estate Certificate. The current forms are available from Ontario Court Services.
Common Ontario probate forms include:
Proof of Notice: The applicant must provide evidence that the application was delivered to the beneficiaries and any other persons entitled to receive notice.
Consents, Renunciations, or Bond Documents: These may be required where another person has an equal or prior right to apply, a named estate trustee will not act, or an estate administration bond is required.
Form 74A – Application for a Certificate of Appointment of Estate Trustee;
Form 74B / 74B.1 – evidence/certificate of service of the application;
Form 74D – Affidavit of Execution of Will or Codicil, where applicable;
Form 74.1A – Application for a Small Estate Certificate; and
Form 74.1B – Request to File a Small Estate Certificate application
Additional Considerations
Where there are multiple Wills, missing documents, alterations to the Will, a handwritten Will, foreign documents, or uncertainty concerning the proper applicant, additional evidence or court materials may be necessary.
If the original Will cannot be located, the Law Society of Ontario provides information about locating Wills and other legal documents.
A probate application may be delayed or refused if the required documents, information, or evidence are incomplete. An Ontario probate lawyer can review the estate and prepare the appropriate application materials.
Shaikh Law Firm · Ontario Probate Guide
The probate process in Ontario generally involves the following steps:
Determine the appropriate application: The applicant determines whether the estate requires probate with a Will, probate without a Will, or a Small Estate Certificate.
Gather the required information: This may include proof of death, the original Will and any codicils, information about the proposed estate trustee, beneficiaries, estate assets, and date-of-death values.
Provide the required notice: Before filing, the application must be provided to the beneficiaries and any other persons entitled to receive notice, as applicable. Additional notice requirements may apply where a beneficiary is a minor, an incapable adult, or where there are unborn or unascertained beneficiaries. Depending on the circumstances, the application materials may also need to be served on the Office of the Children’s Lawyer or the Office of the Public Guardian and Trustee.
Prepare and file the application: The completed application and supporting documents are filed with the Ontario Superior Court of Justice. The original Will and codicils must also be submitted where applicable, and Estate Administration Tax is paid when required.
Court review: The court reviews the application. If corrections, clarification, or additional documents are required, the applicant must respond before the application can proceed.
Certificate issued: If the application is approved, the court issues the appropriate Certificate of Appointment of Estate Trustee or Small Estate Certificate.
After receiving the certificate, the estate trustee may collect estate assets, pay valid debts and taxes, maintain estate accounts, and distribute the remaining estate to the beneficiaries or persons legally entitled to receive it. A notice to creditors may be advisable in some estates, but publishing a newspaper notice is not a mandatory step in every probate application.
Whether an asset requires probate depends on how it was owned, whether a valid beneficiary designation applies and the requirements of the institution holding it. Solely owned real estate, bank accounts, investments and business interests commonly require probate. Assets passing through a valid right of survivorship or beneficiary designation may pass outside the estate.
Shaikh Law Firm · Ontario Probate Guide
Ontario’s published guidance states that regular probate applications are typically processed within approximately 15 business days, while Small Estate Certificate applications are generally processed within approximately five business days. These are general estimates and are not guaranteed issuance dates.
In practice, processing times vary considerably between court locations. Based on Shaikh Law Firm’s experience, routine applications filed in busier jurisdictions, including Toronto and Peel Region, frequently take approximately four to five months from filing to the issuance of the certificate. Court processing times remain outside the lawyer’s control.
The preparation of the application, any required notice period and the court’s review are distinct stages. Completing the administration of the estate after the certificate is issued may take additional time.
Probate costs may include Estate Administration Tax, legal fees, HST, disbursements and other estate-specific expenses.
Ontario currently charges:
Legal fees are separate from Estate Administration Tax. Shaikh Law Firm offers fixed legal fees for qualifying uncontested probate applications.
Fixed application fees cover only the agreed application work. Full estate administration, contested proceedings and other additional services are not included unless expressly retained.
Open the Probate Fees & Calculator →Shaikh Law Firm · Ontario Probate Guide
Once the probate certificate is issued, the estate trustee may use it to establish their authority and continue administering the estate. The estate trustee’s responsibilities generally include:
The estate trustee should notify banks, investment companies, insurers, and other organizations of the appointment. Estate accounts may be closed or transferred, and property may be secured, maintained, or sold where appropriate.
The estate trustee must generally file an Estate Information Return with the Ontario Ministry of Finance within 180 calendar days after the estate certificate is issued. The return reports the estate assets and their date-of-death values.
Valid debts, funeral expenses, legal expenses, taxes, and other estate liabilities must be identified and paid. In appropriate cases, the estate trustee may also publish or circulate a notice to creditors before distributing the estate.
The estate trustee may need to file the deceased’s final income tax return and any required estate or trust returns. A clearance certificate from the Canada Revenue Agency may also be advisable before making the final distribution.
Complete records should be maintained showing all assets received, expenses paid, income earned, and distributions made. Beneficiaries may request an accounting, and formal court approval of the accounts may sometimes be required.
After sufficient provision has been made for debts, taxes, expenses, and potential claims, the remaining estate may be distributed according to the Will or Ontario’s intestacy laws.
The issuance of a probate certificate does not necessarily mean that the estate can be distributed immediately. An estate trustee may be held personally liable for an improper or premature distribution.
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Not necessarily. The existence of a valid Will does not, by itself, determine whether probate is required.
Probate is generally needed where an estate trustee requires a court-issued Certificate of Appointment to deal with estate assets, such as real estate held in the deceased’s sole name or accounts and investments that a financial institution will not release without probate.
Where assets pass outside the estate, such as through certain joint ownership arrangements or valid beneficiary designations, probate may not be required for those assets.
Processing times vary depending on the court location, the complexity of the estate and whether the court raises any requisitions.
In our experience, probate applications filed in busy jurisdictions such as Toronto and Peel Region commonly take approximately 4 to 5 months to process, although some applications may be completed sooner or take longer.
The time required to prepare the application before filing is additional to the court processing period.
Probate costs may include Estate Administration Tax, legal fees, HST, disbursements and other estate-specific expenses.
Ontario currently charges no Estate Administration Tax on the first $50,000 of estate value and $15 for every $1,000, or part thereof, above $50,000.
Shaikh Law Firm offers fixed legal fees for qualifying, uncontested probate applications.
For a complete breakdown and calculator, see our Probate Fees in Ontario page.
An estate valued at $150,000 or less may qualify for Ontario’s Small Estate Certificate procedure.
Before filing the application, the signed application must generally be provided to the persons entitled to share in the estate at least 30 days before filing. Additional notice requirements may apply where there are minor or incapable beneficiaries.
Whether the Small Estate procedure is appropriate depends on the assets involved and the circumstances of the estate.
A probate application is generally filed with the Ontario Superior Court of Justice in the county or district where the deceased had their fixed place of residence at the time of death.
If the deceased did not have a fixed place of residence in Ontario, the application is generally filed in the county or district where the deceased owned property in Ontario.
A lawyer is not required for every probate application. However, legal assistance can be particularly valuable where:
Ontario’s probate guidance also notes that a lawyer can assist with completing the required forms, understanding the estate trustee’s legal responsibilities and determining whether a bond is required.
In some circumstances, a financial institution may agree to pay certain verified estate expenses from the deceased’s account before probate has been issued.
These may include funeral expenses, property taxes, utility bills, Estate Administration Tax, legal fees and other necessary estate expenses.
Once proof of death is available, the estate trustee should contact the deceased’s financial institution and determine what documentation the bank requires. Bank policies vary, and an executor or family member does not automatically have the right to withdraw or control the deceased’s funds before probate.
Where the financial institution agrees to pay an expense, it may require an invoice addressed to the estate, for example:
Estate of [Deceased’s Name], c/o [Estate Trustee’s Name]
The institution may then arrange payment in accordance with its own procedures.
For more information, see our guide on Access to a Bank Account After Death in Canada.
If a person dies without a valid Will, they are said to have died intestate.
A person seeking authority to administer the estate may need to apply for a Certificate of Appointment of Estate Trustee Without a Will. Ontario law determines who has priority to apply and how the estate is distributed.
Ontario’s probate guidance indicates that the deceased’s spouse will generally have priority to apply, followed by other close adult relatives, subject to the court’s determination in the circumstances.
An estate administration bond may be required where:
The court may, in appropriate circumstances, dispense with or modify the bond requirement.
Because bond requirements can materially affect the probate application, legal advice should be obtained where a bond may be required.
Sometimes. Whether probate can be avoided depends largely on how the deceased owned their assets. Certain jointly owned property, life insurance proceeds and registered accounts with valid beneficiary designations may pass outside the probate estate.
Estate planning completed during a person’s lifetime may reduce the assets that ultimately require probate, although each strategy can have legal, tax and family-law consequences. See our guide to how to avoid probate in Ontario.
Probate applications in Ontario are governed principally by the Estates Act and Rules 74 and 74.1 of the Rules of Civil Procedure. Related matters are also governed by the Succession Law Reform Act, the Estates Administration Act and the Estate Administration Tax Act, 1998.
Probate applications are determined by the Ontario Superior Court of Justice. Ontario does not have a separate probate court. The applicable legislation and court rules govern matters such as who may apply, notice to beneficiaries, required evidence, Small Estate Certificates, estate administration bonds and Estate Administration Tax.
Shaikh Law Firm · Ontario Probate Guide
Use the detailed guides below to explore a specific issue. For legal assistance with an application, see our Ontario-wide probate service or the relevant published local service page.
Ontario-wide service does not imply a physical office in every community. In-person meetings are by appointment; virtual meetings are available.
Shaikh Law Firm · Ontario Probate Guide
Our Mississauga head office assists executors and proposed estate trustees across Ontario. Meet with our team by appointment or arrange a virtual meeting.
218 Export Boulevard, Unit 105
Mississauga, Ontario L5S 0A7
Your application’s filing location generally depends on the deceased’s last fixed residence, rather than the location of our office.
Free ConsultationShaikh Law Firm · Ontario Probate Guide
Select the probate service you require. We will email the applicable fees, terms, document requirements and next steps. Reply accepting the terms and supplying the requested information. Once our firm confirms engagement, work begins. We prepare the application documents, arrange signing and required notices, file with the court and supply the certificate if issued.
Prefer to speak with our team? (905) 795-7757 · info@slclawyer.ca
Submitting an enquiry does not establish a lawyer-client relationship. Representation is subject to conflict checks, agreed terms and our firm’s confirmation that we are acting for you.