How do I probate a will for a house in Ontario?

You file a probate application with the Superior Court of Justice, and the resulting certificate of appointment is generally what the Land Titles Act requires before the estate trustee deals with the land. You file in the county or district where the deceased had a fixed place of abode, or where the property is located if there was no fixed place of abode in Ontario.

The application package includes the Form 74A application, the original will, proof of death and a bond where required. Every beneficiary must be served before filing. For the tax, an Ontario house is valued less encumbrances such as a mortgage or lien. Unsecured debts such as credit card balances cannot be deducted. Above $50,000, the tax is $15 for each $1,000 or part of $1,000 by which the value exceeds $50,000.

The tax is paid as a deposit when you file. Mortgage terms and what a lender requires depend on the loan documents and the facts, so a lawyer can confirm them. If real property the personal representative has not dealt with within three years of death, it vests in the beneficiaries without a conveyance unless a caution is registered in the prescribed form.