Can a bank refuse to release money without a certificate of appointment in Ontario?
A bank can ask for a certificate because an estate normally must be probated if the deceased owned assets held by a financial institution in their own name. Probate is the court procedure that gives someone authority to act as estate trustee or confirms the authority of a trustee named in a will, and the document issued is a Certificate of Appointment of Estate Trustee.
Any balance a bank will release without a certificate is that bank's own policy and varies, so ask yours what it requires. For smaller estates, an estate valued at $150,000 or less can use the simplified Small Estate Certificate process, usually processed within five business days. Estates over $50,000 and up to $150,000 pay Estate Administration Tax when the application is filed, and estates of $50,000 or less pay none, although an Estate Information Return must still be filed if a certificate is issued.
Estates over $150,000 must apply for a Certificate of Appointment of Estate Trustee instead. Before you apply, the signed application must go to the beneficiaries. Ask the bank what documents it needs, and have a lawyer confirm the right route.
Key takeaways
- An estate normally must be probated if the deceased owned assets held by a financial institution in their own name.
- Probate gives someone authority to act as estate trustee, and the court's document is called a Certificate of Appointment of Estate Trustee.
- Estates valued at $150,000 or less can use the simplified Small Estate Certificate process.
- Estates over $150,000 must apply for a Certificate of Appointment of Estate Trustee instead.