When is probate required in Ontario

When is probate required in Ontario ?

Whether you are an executor of an estate or simply arranging your own financial affairs, the legalities surrounding Wills and Estates leading to probate process may seem daunting. However, our experienced team of probate lawyers are here to help organize everything, and we will ensure that all assets are distributed correctly to the beneficiaries.

We are here to ease the strain during this often-difficult period, and if you are searching for an answer to the common question of ‘When is probate required in Ontario?’, we hope this useful guide will provide the information you need.

When is probate required in Ontario

What is Probate in Ontario?

Probate is a legal process where the court formally approves the Will as the last and valid Will of the deceased and confirms the authority of the person named in the Will as the estate trustee. If there is no Will, then by way of probate, the court appoints the estate trustee of an estate.

Upon completing the probate process, the court will issue a Certificate Appointment of Estate Trustee. Upon appointment, the estate trustee has the legal authority to deal with the deceased’s estate.

Supreme Court of Canada defined the purpose of probate in the case of Re Eurig Estate [1998] S.C.J. No. 72

” The purposes of probate is to certifiy that a will and codicils have been duly proved and registered in the court and that the administration of the property of the deceased has been committed by the court to the person named in the will as executor”

When is Probate Required

Probate is required in one of the following situations:

  • The estate’s assets do not pass to another person by right of survivorship. Learn More about Survivorship Application in Ontario.  
  • The deceased died without a Will, or the last Will does not name an estate trustee.
  • Probate is required before the deceased’s real property can be sold.
  • Most financial institutions would require a certificate of appointment of an estate trustee from a court as proof of a person’s legal authority to receive the money or investments of the deceased.
  • Probate will be required if there is a dispute about who should be the estate trustee.
  • Probate will also be required if there is a dispute as to the validity of the Will or some beneficiaries named in the Will are not willing or able to provide legal consent.

When is probate not required in Ontario?

Although probate will be required for most situations, there will be circumstances when probate is unnecessary. In particular, if the deceased did not own any assets, there would be no need for probate.

Is it possible to avoid probate in Ontario?

It is pretty rare for estates in Ontario not to require probate, although it is possible to avoid probate with careful pre-death legal planning.

Probate Tax Calculator

Probate Tax, also known as an estate administration tax, is calculated based on the total value of a deceased person’s estate.  Estate value below $50,000 Canadian is exempt from Estate administration Tax.

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How much are legal fees for probate

In Ontario probate lawyer’s fees range between $1,500 to $2,500 + Tax, for a simple uncontested Probate. 

An hourly rate could be charged by a probate lawyer for contested probate applications.

What our probate lawyer can do for you?

Probate with a Will

Contested Probate

Probate without a Will

Whether you are looking to complete probate with or without a Will, or even contest probate, choose an experienced probate lawyer.

At shaikh law, we understand that every estate is unique. Therefore, our Law firm will ensure you are fully aware of all liabilities and assist with every aspect of paperwork relating to the probate and estate administration process.

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