How Long Until You Receive the Certificate of Appointment in Ontario?

Once you have filed for the certificate of appointment of estate trustee, the practical question is how long it will take. Banks, land registry offices and other institutions often will not move until they see it, so the wait can hold up the whole estate.

The honest answer is that Ontario gives a general target and not a guarantee, and real timing depends on your file and the court office. This article explains what the target is, what tends to slow files down, and how to reduce the risk.

The general timeline

Ontario states that applications are "typically processed within 15 business days". That is roughly three weeks on a normal calendar, though business days exclude weekends and holidays.

The same guidance says processing takes longer if documents are missing or a judge must decide an issue. It does not set out separate wait times for each court location. Actual waits can vary by court and by how busy it is, so the best source for a realistic estimate is the estates court office where you filed, or your lawyer.

If you filed by email, you are contacted by email and receive the certificate by email. Where you file is the county or district where the deceased lived or, if they lived outside Ontario, where they owned Ontario property.

What causes delays

Delays usually fall into a few groups. Court staff may ask for revised or additional materials when documents are missing, and you can submit them when asked. Matters needing a judge's decision are reviewed by a judge who may make an order.

A bond is generally double the estate's value unless a judge orders otherwise, and a judge can decide a bond is not required. Sureties can be a licensed Ontario insurer or personal sureties, with two sureties for estates over $100,000 and one for $100,000 or less. Arranging a bond can take time, so a lawyer can tell you early whether it applies.

Paperwork that helps avoid back-and-forth

The main forms are the Application (Form 74A), the Affidavit of Service (Form 74B) or Lawyer's Certificate (Form 74B.1), an affidavit for a will (Form 74D, 74E or 74F) and the draft certificate (Form 74C). Rule 74.04 sets out the forms needed, and documents are sworn before a Commissioner for Taking Affidavits.

Form 74A requires the total value of real property, total value of personal property and total estate value. Ontario's guidance does not require a formal appraisal, describes estate value as at date of death, and permits a sworn estimate to be used with a later sworn statement.

• Estate value is counted in Canadian dollars at the date of death.
• Ontario real estate is counted less encumbrances such as mortgages or liens.
• Funeral expenses, lawyer's fees and credit card debt cannot be deducted from the estate value.
• Jointly held assets that pass to the survivor and plans with a named beneficiary are excluded.

Getting the value wrong can create problems later, since an amended return may be needed for incorrect or incomplete information.

Small estates and the tax deposit

A small estate valued at $150,000 or less can use the Small Estate Certificate process with Forms 74.1A, 74.1B and 74.1C. No estate administration tax is payable if the value is $50,000 or less, and tax is payable on filing for values between $50,000 and $150,000. For this process, the signed application must be sent to everyone entitled to a share at least 30 days before filing.

For larger estates, the tax is $15 for every $1,000 of value, with the first $50,000 exempt. The tax is paid as a deposit when applying. Payment can be by certified cheque, bank draft or another listed method payable to the "Minister of Finance".

What to do next

• Before filing, confirm every beneficiary has received a signed copy of the application.
• Check whether a bond is needed and start arranging it early.
• Prepare the value figures and the payment method in advance.
• Note the date you filed and expect the general 15 business days as a guide only.
• If you hear nothing, contact the estates court office where you filed or your lawyer.
• When the certificate issues, file the Estate Information Return within 180 calendar days.
• Before distributing property, ask a lawyer or accountant about a CRA clearance certificate, which CRA's service standard puts at 120 calendar days from receipt.

Frequently asked questions