Is there a simplified probate process for small estates in Ontario?
Ontario introduced a simplified court process for smaller estates. Estates below a certain value threshold may qualify to use a simplified application for a Certificate of Appointment, which involves less paperwork than the standard process and lower court filing requirements.
The threshold for the simplified process is set by regulation. Executors with estates below that threshold can use a shorter set of forms and a streamlined court filing. However, even with the simplified process, the executor must still pay any estate administration tax owing, provide proper notice to beneficiaries, and satisfy the court that the application is complete.
Not every small estate will necessarily need probate at all — if assets pass outside the estate or individual institutions are willing to transfer without a certificate, the probate process may not be required regardless of size. Executors dealing with modest estates should review the asset list with an estate lawyer to confirm whether the simplified process, the standard process, or no court process at all is appropriate.
Key takeaways
- Ontario has a simplified probate process for estates below a set value threshold.
- The simplified process uses shorter forms and streamlined filing requirements.
- Small estates may not need any probate at all if assets pass outside the estate.
- Confirm the current threshold and eligibility with an Ontario estate lawyer.