Probate is the court process that validates a will and grants the executor — called an Estate Trustee in Ontario — the legal authority to administer the estate. The court issues a Certificate of Appointment of Estate Trustee with a Will, which is what Ontario replaced the old term “Letters of Probate” with. Banks, the Land Registry Office, investment platforms, and CRA all require this Certificate before they will deal with an Estate Trustee. Without it, assets can be frozen — sometimes for months. Not every estate requires probate — but most do. If the deceased owned real estate in their own name, or held accounts without a named beneficiary, you will almost certainly need a Certificate.
Being named executor is an honour — and a responsibility most people have never carried before. The paperwork is unfamiliar. Timelines are strict. And personal liability is real: an Estate Trustee who pays the wrong creditor, misses a tax obligation, or distributes prematurely can be held personally responsible. We prepare and file probate applications for executors across Toronto and the GTA. We handle:
• Court forms and supporting affidavits
• Estate Administration Tax calculation and payment
• Notice requirements (including notice to potential objectors)
• Filing and follow-up with the court
Once your Certificate is issued, we can continue to assist with the full administration: gathering assets, paying creditors, preparing the Estate Information Return for the Ministry of Finance, and distributing to beneficiaries. Whether your matter is straightforward or complex, early legal advice protects you. Call us at 416-860-9990or use the Intake Form button above.
When someone dies without a will, they are said to have died intestate. The probate process changes: instead of a Certificate with a Will, the administrator must apply fora Certificate of Appointment of Estate Trustee without a Will — formerly called Letters of Administration. Who can apply, in what priority order, and what bonds or consents from other potential administrators are required — all of this differs from the standard process. The intestacy rules also govern who inherits, and the result is sometimes not what the family expected or what the deceased would have wanted. If you are dealing with an estate that has no will, call us before you take any steps. The rules are more complex and the consequences of missteps are higher.
Learn more
We have written plain-language briefings on the questions executors ask most often about probate. Start with these:
How to Apply for Probate in Ontario: A Plain-Language Guide
What the Certificate is, when you need it, what documents are required, what the court process looks like, and what commonly goes wrong.
Do You Really Need Probate?
When probate can be skipped, when it cannot, and how the dual will strategy can save Estate Administration Tax on private company shares.
Your First Steps as an Executor in Ontario: An Essential Checklist
A practical checklist covering the first 30 days after death — from securing the estate to notifying financial institutions and the CRA.
For the full library of estate topics, visit our Estates & Probate page
