What is probate and do I always need it in Ontario?
Probate is the court process by which a deceased person's will is officially recognized and the executor is confirmed with legal authority to deal with the estate's assets. In Ontario, the court issues a "Certificate of Appointment of Estate Trustee with a Will" — this is what most people call a probate certificate.
Not every estate needs probate. If assets pass outside the estate — for example through joint tenancy, a named beneficiary on a registered account, or life insurance — those transfer directly and do not require a certificate. Probate is typically required when financial institutions or land registry offices need court confirmation before releasing or transferring assets, especially for real property held solely in the deceased's name.
The decision to apply for probate depends on the estate's composition. Speaking with an estate lawyer early can help you identify which assets require a certificate and whether there are strategies to minimize or eliminate the need for court involvement.
Key takeaways
- Probate is Ontario's court confirmation of a will and executor's authority.
- Not every estate needs it — joint assets and named beneficiaries pass outside the estate.
- Financial institutions and land registry often require a certificate before releasing assets.
- An estate lawyer can assess which assets need court confirmation.