Does every will in Ontario have to go through probate?

No, not every estate requires probate. In Ontario, probate — formally called a Certificate of Appointment of Estate Trustee — is a court process that confirms the estate trustee's authority to act and the will's validity. Whether you need it depends on what assets are in the estate and how institutions holding those assets respond to the trustee.

Some assets pass outside the estate entirely and never go through probate. Life insurance, RRSPs, RRIFs, and TFSAs with named beneficiaries go directly to those beneficiaries. Jointly owned assets with right of survivorship pass to the surviving owner. These assets do not require probate.

For assets that do not pass this way — such as solely-owned bank accounts, real property in the testator's name alone, or investment accounts without a named beneficiary — most financial institutions and the Land Registry Office will require a Certificate of Appointment before releasing or transferring the asset. Ontario's Estate Administration Tax is also payable at this stage.

Estate planning techniques such as naming beneficiaries on registered accounts, using joint ownership carefully, and setting up trusts can reduce or eliminate the need for probate. A lawyer can help you structure your estate with these goals in mind.