What is a Certificate of Appointment of Estate Trustee and when is it needed?
A Certificate of Appointment of Estate Trustee with a Will — commonly called probate — is a court order issued by the Ontario Superior Court of Justice that confirms a named executor's authority to administer the estate. It also confirms the will's validity in the court's view.
Many institutions — banks, land registry offices, investment firms — require this certificate before they will release estate assets or transfer title to property. This is especially true for real estate held in the deceased's name alone and for financial accounts above a threshold set by each institution.
Not every estate needs probate. If the estate consists mainly of jointly-held assets (which pass automatically to the survivor), registered accounts with named beneficiaries (such as RRSPs or life insurance), or assets below an institution's threshold, probate may not be required. The estate also pays an Estate Administration Tax (sometimes called probate fees) calculated on the value of assets that pass through the estate, which can be a significant cost for larger estates.
Key takeaways
- Probate confirms the executor's authority and the will's validity.
- Many institutions require it before releasing assets or transferring property.
- Not all estates require probate — jointly held assets and named-beneficiary accounts often bypass it.
- Estate Administration Tax is payable on assets that go through the probate process.