When is probate required to administer an estate in Ontario?

Probate — officially called a Certificate of Appointment of Estate Trustee in Ontario — is a court process that confirms the validity of a will and the executor's authority to act. It is not always legally required, but in practice it is required in many situations because third parties such as banks, land registry offices, and investment institutions will not release or transfer assets without it.

Ontario's land registration system requires probate to transfer real property (land and buildings) held solely in the deceased's name. Financial institutions generally require probate for accounts above their internal threshold, though the threshold varies by institution. Publicly traded investment accounts typically require probate to transfer holdings.

Probate is generally not required for assets that pass outside the estate: RRSP, TFSA, RRIF, and life insurance with a named beneficiary, jointly owned property with right of survivorship, and certain registered pension benefits. Because these assets are transferred directly without going through the estate, the executor's certificate is irrelevant to them.

Probate triggers Ontario's estate administration tax, which is calculated on the value of the estate subject to probate. Strategies that reduce the probatable estate — such as beneficiary designations, joint ownership, and trusts — can reduce this tax, but each strategy has other implications that must be weighed.