Probate is the process by which the Superior Court of Justice confirms that a will is valid and authorizes the named estate trustee (executor) to administer the estate. The court issues a Certificate of Appointment of Estate Trustee, which institutions — banks, land registries, investment firms — accept as proof that the trustee has authority to deal with estate assets. This brief article provides a quick overview. See our probate briefings for a more detailed breakdown of the issues involved.
Probate is not always legally required, but it is practically required in many situations. You generally need a Certificate of Appointment when: the estate includes real estate registered only in the deceased's name; financial institutions require it before releasing accounts; the estate includes investments held through a financial institution that insists on it; or there are large or complex assets that third parties need confirmation to transfer.
You may be able to avoid probate when: all significant assets pass outside the estate (through joint tenancy, beneficiary designations, or insurance); all financial institutions are satisfied with alternative documentation; and the estate is simple and all beneficiaries are cooperative.
Ontario charges estate administration tax (commonly called probate fees) on the value of assets that flow through the estate. The current rate is roughly 0.5% on the first $50,000 and 1.5% on the remainder. On a $500,000 estate, this is approximately $6,500. On a $1 million estate, approximately $14,250. These are not lawyer's fees — they are a tax paid to the government. The Government of Ontario publishes an online calculator here.
Various strategies can reduce the assets subject to probate: holding property in joint tenancy with right of survivorship; naming beneficiaries on registered accounts (RRSP, TFSA, RRIF) and insurance policies; and designating beneficiaries for pension death benefits. Each strategy has legal and tax implications that should be reviewed with a lawyer before implementation.
In Ontario, the probate process currently takes roughly 6 to 12 months from application to certificate issuance, though timelines vary by court and volume. The estate cannot be distributed in full until a Certificate of Appointment is obtained and creditors have been addressed.
This is a general overview. For advice specific to your situation, contact Sheard Law at 416-860-9990 or use our intake form.
