Which assets in Ontario have to go through probate?
In Ontario, only assets that form part of the "estate" — meaning assets owned solely by the deceased with no named beneficiary or joint owner — generally require probate before they can be transferred to beneficiaries.
Assets that typically bypass the probate process include: property held in joint tenancy (it passes to the surviving joint tenant automatically), registered accounts such as RRSPs, TFSAs, and RRIFs that have a named beneficiary, life insurance policies with a designated beneficiary, and assets held in a trust during the deceased's lifetime.
Assets that typically must pass through probate include: real estate owned solely in the deceased's name, solely owned bank or investment accounts without a beneficiary designation, vehicles, and other personal property owned in the deceased's name alone.
Understanding which assets require probate helps executors plan the administration process and helps families understand why some assets transfer quickly while others take longer. An estate lawyer can review the deceased's asset list and identify which items need a certificate.
Key takeaways
- Solely owned assets generally require probate; jointly owned or beneficiary-designated assets do not.
- RRSPs, TFSAs, life insurance with named beneficiaries bypass the estate.
- Solely owned real property almost always requires a probate certificate in Ontario.
- An estate lawyer can map the estate's assets to the probate requirement.