How does an Ontario estate handle assets located in another country?

When a deceased Ontario resident held assets in another country, those foreign assets typically require a separate estate administration proceeding in the jurisdiction where they are located. An Ontario probate certificate does not automatically give the executor authority to deal with assets in other countries — foreign jurisdictions have their own probate or succession processes.

For example, real estate in Florida or the United Kingdom requires compliance with the laws of that jurisdiction. The executor may need to engage a lawyer in the foreign country, obtain a local grant of probate or its equivalent, and comply with local inheritance taxes or reporting requirements. Some countries have tax treaties with Canada that affect how assets are taxed on death; others do not.

The executor should identify all foreign assets as early as possible and seek legal advice in each relevant jurisdiction. The estate plan may need to address how these assets are to be dealt with — some people use separate wills for assets in different countries to simplify the process.