Probate Applications in Ontario

Losing someone is hard enough without a stack of court forms. If you have been named as executor in a Will, or a family member has died without one, you may need a court certificate before banks, land registry offices or investment companies will deal with you. That process is what most people call probate. In Ontario, the formal name is a Certificate of Appointment of Estate Trustee.

At Ellahi Law, probate applications are prepared by Faizan Ellahi, a lawyer practising in Ontario since 2017. Once we have your documents, your application is usually ready to file within a couple of days. We'll explain every step in plain language, in English, Urdu, Hindi or Punjabi.

Do you need probate?

Not every estate does. Whether you need a certificate depends on what the person owned and how it was held. Common situations:

• Real estate in the deceased's name alone usually needs a certificate before it can be sold or transferred.
• Bank and investment accounts often need a certificate once the balance passes the institution's own limit. Each bank sets its own.
• Jointly owned property usually passes to the surviving owner without probate.
• RRSPs, RRIFs, TFSAs and life insurance with a named beneficiary are usually paid directly to that beneficiary.

We will look at the list of assets with you at the first meeting and tell you plainly whether an application is needed, and if so which kind.

Which application?

• With a Will: the executor named in the Will applies to be confirmed as estate trustee.
• Without a Will: a family member or other eligible person applies to be appointed. The rules on who may apply, and whether others must consent, are set by statute. We'll tell you where you stand.
• Small estates: if the estate is worth $150,000 or less, Ontario has a simpler small estate certificate process under Rule 74.1 of the Rules of Civil Procedure. It still takes care to get right, and it isn't always the best choice. We'll tell you which route suits your estate.

Estate administration tax

Ontario charges estate administration tax when a certificate is issued. There is no tax on the first $50,000 of the estate's value. Above that, the tax is $15 for every $1,000 (or part of $1,000). For example, an estate valued at $500,000 would pay $6,750. Property outside Ontario, and property that passes outside the estate (such as jointly owned property or accounts with a named beneficiary), is not counted.

After the certificate is issued, the estate trustee must file an Estate Information Return with the Ministry of Finance within 180 days.

How it works

1. First meeting (virtual or at our Scarborough office). We review the Will, the death certificate and a list of assets, and confirm whether probate is needed.
2. We gather the details. Values of each asset as at the date of death, beneficiaries' names and addresses, and any consents or renunciations needed.
3. We prepare the application. The court forms, affidavits and the calculation of estate administration tax.
4. Signing. You sign in person or by video.
5. Filing. We file the application with the Superior Court of Justice, usually within a couple of days of receiving everything we need.

What to bring

• The original Will and any codicils (not a copy)
• The death certificate or funeral director's proof of death
• A list of assets and debts, with approximate values at the date of death
• Names, addresses and ages of all beneficiaries
• Your own photo ID

Fees

Every estate is different, so we give you a written quote after the first meeting, before any work begins. The quote sets out our legal fee, the court filing costs and the estate administration tax, so you know the full cost from the start.

Frequently asked questions

Next step

Book a consultation by phone at 416-551-1155 or through the contact form. Tell us briefly about the estate, and we'll let you know what to bring.