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Is Estate Administration Tax Owed If There Is No Will in Ontario?

When someone dies without a will in Ontario, learn who can apply for probate, how Estate Administration Tax applies, and what the administrator must file.

Wills & Estates4 min readTSLBy the Treadstone Law Team · OntarioUpdated November 13, 2026
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Key takeaways
  • The tax depends on probate, not on whether there is a will: it is charged only when an estate certificate is applied for and issued.
  • Where there is no will, the spouse or common-law partner usually has the first right to apply, followed by close adult relatives.
  • An administrator generally needs Form 74A, Form 74G Part B and often a bond, and must file an Estate Information Return after the certificate is issued.

When a relative dies without a will, someone has to step forward to deal with the estate. That person often wonders whether the death itself triggers a tax bill, and whether it will come out of their own pocket.

This article explains how Ontario's Estate Administration Tax applies when there is no will, who can apply, and what the administrator has to file. Every estate is different, so a lawyer can confirm how this works for yours.

Does having no will change the tax?

Not by itself. Ontario's Estate Administration Tax is charged only when an estate certificate (probate) is applied for and issued. If no certificate is applied for or issued, no tax is owed. The tax is paid by the estate, not personally by the estate representative.

For certificates applied for on or after January 1, 2020, no tax is payable on an estate worth $50,000 or less. Above $50,000, the tax is $15 for every $1,000 (or part thereof) of the estate's value over $50,000. The value is rounded up to the nearest thousand dollars.

Who can apply when there is no will

Where there is no will, the deceased's spouse or common-law partner usually has the first right to apply for probate. After them, a close adult relative (child, parent, grandchild, sibling, or nephew or niece) can apply, and the court may appoint whichever relative it considers most appropriate.

The application uses Form 74A (Application for a Certificate of Appointment of Estate Trustee). Without a will, Form 74G Part B, a consent to the applicant's appointment, is also needed. Form 74A asks for the total value of real property, the total value of personal property, and the total estate value.

A bond is required when the deceased died without a will. The bond is generally double the estate's value unless a judge orders otherwise.

What counts toward the value

The estate's value is the deceased's property at fair market value at the time of death. It is easy to over- or under-count, so go through the categories carefully.

Counts toward valueLeft out of value
Ontario real estate at appraised value, less mortgages or liensReal estate outside Ontario
Bank accounts, investments, vehicles, business interestsJointly owned assets passing automatically to the survivor
RRSPs, RRIFs and TFSAs where the estate is beneficiaryRegistered plans with a beneficiary designation
Insurance payable to the estateInsurance paid to a named beneficiary
A tenant in common's shareCPP death benefits

Only encumbrances on real property can be deducted. Funeral expenses, lawyer's fees, loans, credit card debt and real estate commissions do not reduce the value.

Paying the tax and filing the return

The tax is paid as a deposit when the probate application is filed. Once the certificate is issued, the deposit becomes the Estate Administration Tax. At the court office it can be paid by cash or debit (where available), certified cheque, a cheque from a solicitor or firm trust account, a cheque from a trust company account, or a bank draft, with cheques and drafts made payable to "Minister of Finance".

The estate representative must file an Estate Information Return with the Ministry of Finance within 180 calendar days after the certificate is issued. This is required even when the estate is worth $50,000 or less and no tax is owed. If the deadline falls on a weekend or holiday, it moves to the next business day. Failing to file, or making false or misleading statements, may lead to a fine, imprisonment, or both.

For smaller estates, a small estate is one valued at $150,000 or less, and it uses Form 74.1A. Tax is still payable on value over $50,000.

What to do next

Frequently asked questions

Is tax owed just because there is no will?

No. The tax is charged only when an estate certificate is applied for and issued, and if none is, no tax is owed. If probate is needed, the usual rates apply.

Do I pay the tax personally as administrator?

The tax is paid by the estate, not personally by the estate representative. It is paid as a deposit when the application is filed.

Do I still file a return if the estate is under $50,000?

Yes. Even when no tax is owed, the estate must still file an Estate Information Return after the certificate is issued. It is due within 180 calendar days.

Why is a bond needed?

A bond is required when the deceased died without a will, and it is generally double the estate's value unless a judge orders otherwise.

Sources

Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.

This article is general information, not legal advice. Reading it does not create a lawyer-client relationship. Ontario laws, tax rates, and government programs change, and how the law applies depends on your specific facts. For advice about your situation, speak with a licensed Ontario lawyer. Treadstone Law is licensed by the Law Society of Ontario — reach us at 1-844-900-1070 or start a file online.

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