Can probate be avoided entirely in Ontario?

Probate can sometimes be minimized or avoided for certain assets, but it is rarely eliminated entirely for a person with a complex estate. Assets that pass outside the will — through joint tenancy, named beneficiaries on registered accounts and insurance, and payable-on-death designations — do not require a certificate of appointment and avoid the estate administration tax.

Some people use a multiple-will strategy: one will covers assets requiring probate (such as real estate owned solely), and a second will covers assets that institutions will accept without probate (such as shares of a private corporation). This is a recognized Ontario planning technique that can reduce the taxable estate value significantly, but it requires careful drafting by an estate lawyer to be valid and effective.

However, avoiding probate is not always the right goal. Joint tenancy with children, for example, can trigger immediate tax consequences, expose assets to a child's creditors, and create unintended ownership rights. The planning should be driven by the overall estate and tax picture, not just probate minimization. A lawyer and accountant working together can model the full cost of various structures.