Can I apply for probate in Ontario if I live outside Canada?
Often yes, but the court may require security. Letters probate cannot be granted to a person who does not live in Ontario or elsewhere in the Commonwealth unless they give the same security required from an administrator on an intestacy. A judge may waive or reduce that security in special circumstances.
A bond is required when the applicant does not live in Ontario, another Canadian province or territory, or a Commonwealth country, and it is generally twice the estate's value unless a judge orders otherwise. Even for a small estate, a non-resident applicant still needs a bond. A judge can decide on a motion to waive it.
In practice, applications can be filed by email, but the original will, codicils, bonds and ancillary certificates must be filed in hard copy at the court location, and tax payments must be mailed, couriered or paid in person there. The application is filed where the deceased lived, or, if they lived outside Ontario, where they owned Ontario property. You may want someone in Ontario to handle the paper filings, so talk to a lawyer early.
Key takeaways
- Letters probate cannot be granted to someone who does not live in Ontario or the Commonwealth unless they give the required security.
- A judge may waive or reduce that security in special circumstances.
- Email filing is allowed, but the original will, codicils and bonds must be filed in hard copy.
- File where the deceased lived, or where they owned Ontario property if they lived outside Ontario.