If you've been named as an executor in someone's will, you'll likely need to apply for probate before you can do much with the estate. Banks won't release funds. Real estate can't be transferred. Investment accounts stay frozen. This guide explains exactly what probate is in Ontario, when you need it, and how to apply.
This is general information, not legal advice specific to your situation. If you'd like help with a probate application, call us at 416-860-9990 or reach out online.
In Ontario, "probate" means obtaining a Certificate of Appointment of Estate Trustee with a Will from the Superior Court of Justice. The government replaced the old term "Letters of Probate" with this name, but they refer to the same thing: a court order confirming that the will is valid and that you have the legal authority to act as estate trustee.
The certificate does two things. First, it confirms the court has reviewed and accepted the will as valid. Second, it gives you documented proof of your authority — so that banks, the Land Registry, CRA, and other institutions will deal with you.
It's worth noting that your authority as estate trustee begins the moment the person dies. The certificate doesn't create your authority — it proves it to others.
Not every estate requires probate. You may be able to skip it if the estate is small enough, all assets have named beneficiaries, or everything was held jointly with a surviving spouse.
You will almost certainly need a certificate if:
If you're unsure whether probate is required in your situation, read our more detailed briefing: Do You Really Need Probate?
Ontario charges Estate Administration Tax when you apply for a certificate. The rate is:
For example, an estate worth $400,000 would pay approximately $5,250 in Estate Administration Tax.
You pay this tax when you file your application. You'll also need to file an Estate Information Return with the Ministry of Finance within 90 days of receiving your certificate, providing detailed asset information. Be accurate — the Ministry can reassess the value and charge penalties for underreporting.
You file your application at the Superior Court of Justice office responsible for the area where the deceased person lived. In Toronto, that is the Estates Office at 361 University Avenue. Applications are no longer filed in person in most jurisdictions — Ontario courts now require online filing through the court's digital system or by mail.
A complete probate application generally includes:
If there are multiple wills (a primary and secondary will strategy), each requires its own application and you apply for a limited certificate for one of them.
The court reviews your application for completeness. If anything is missing or incorrect, you'll receive a requisition asking you to fix it before the application proceeds. When everything is in order, the court issues the Certificate of Appointment and returns it to you.
Processing time varies. In Toronto, expect six to twelve weeks under normal conditions, though this fluctuates with court volume. Other jurisdictions may be faster.
Once you have the certificate, you can begin the formal work of estate administration: gathering and liquidating assets, paying debts and taxes, and distributing the estate to beneficiaries.
Common problems with probate applications include:
Technically, no — you can apply for probate yourself. But the process involves court forms, sworn affidavits, precise asset valuations, and filing deadlines. A mistake can cause significant delay or, in the case of the Estate Information Return, personal financial liability.
Most estate trustees find that professional help pays for itself in reduced errors, faster processing, and the peace of mind of knowing the application is correct.
At Sheard Law, we handle probate applications for estate trustees throughout Toronto and the GTA. We prepare your application, manage the court filing, and guide you through the entire administration process — so you can fulfill your duties with confidence and without unnecessary risk.
Call 416-860-9990 or contact us online to discuss your estate. We're here to help.
This article provides general information about Ontario probate law. It is not legal advice. Every estate is different — contact us for guidance on your specific situation.
