My parent had a will made in another province. Do I need Ontario probate?
A will made in another Canadian province can generally be recognized in Ontario, but whether Ontario probate is required depends on what assets the deceased held in Ontario. If the deceased owned Ontario real estate or Ontario-based accounts solely in their name, Ontario institutions and the land registry will typically require an Ontario Certificate of Appointment before releasing or transferring those assets.
In cases where a grant of probate was already obtained in the deceased's home province, Ontario offers a re-sealing process — essentially applying to the Ontario court to recognize the out-of-province grant — rather than requiring an entirely fresh probate application. This can be simpler and faster than a full Ontario application, though it still involves court filings and fees.
The executor should gather a full list of the deceased's assets in each province and consult an Ontario estate lawyer to determine the most efficient route. Estates spanning multiple provinces can be complex and often benefit from coordinated legal advice in each relevant jurisdiction.
Key takeaways
- A will from another province can be recognized in Ontario, but Ontario probate may still be required for Ontario assets.
- Re-sealing an existing out-of-province grant is often available as a simpler alternative.
- Multi-provincial estates benefit from coordinated legal advice in each jurisdiction.
- Gather a complete asset list by province as a first step.