How Many Certified Copies of an Ontario Probate Certificate Do You Need?

Once the court issues the certificate, you will likely be asked to prove your authority to several institutions. Many estate trustees wonder how many certified copies to order so they do not have to go back to the court again and again.

The honest answer is that it depends on how many institutions and registries you must deal with. This article helps you work out your own number and plan the process.

What the certificate is

In Ontario, probate is the court procedure that gives someone authority to act as estate trustee, confirms the authority of a trustee named in a will, or approves a will as valid. The document the court issues is called a Certificate of Appointment of Estate Trustee. Institutions ask for a certified copy so they can keep proof of your authority without holding your only original.

Who may ask to see it

An estate normally must be probated if the deceased owned real property, or assets held by a financial institution, in their own name. That is why banks, investment firms and similar institutions commonly ask for the certificate. Each sets its own requirements, so the number of copies one will keep or want is something to ask them directly.

For land, land registry staff accept a certificate of appointment of estate trustee as proof of an estate trustee's authority to deal with a deceased owner's land.

Some situations do not need a certificate at all. A surviving joint tenant takes the property by survivorship through a survivorship application under Land Titles Act s. 123, and no estate certificate is needed. Assets held jointly that automatically pass to the other owner on death are also not counted in the estate value for the tax.

Working out your number

Start by listing every place where you will need to prove your authority. Then phone or check each institution's requirements, including whether it wants an original certified copy, whether it returns it, and whether it keeps it.

• Banks and other financial institutions holding accounts or investments in the deceased's name.
• Land registry offices, if the deceased owned land.
• Insurance companies or pension administrators, if they ask for proof of authority.
• Vehicle or business-related offices, if they require it.
• Your lawyer or accountant, who may need a copy for the file.

If an institution will keep its copy, count it as one copy used. If it only needs to view and return it, one copy may stretch further. Ordering a few more than your list suggests is a common practical choice, because assets often turn up later.

Ordering and timing

The original will and the Estate Administration Tax payment must be sent or delivered in person to the court location where the application was filed, even if the application itself was filed by email. That is the Superior Court of Justice in the county or district where the deceased lived at death, or where they owned Ontario property if they lived outside Ontario. Ask that office about its current process, as it can vary.

Plan ahead for later steps too. If new assets are found after the certificate is issued, the representative must file an amended Estate Information Return within 60 days of becoming aware. More assets can mean more institutions to contact.

What to do next

• Make your list of institutions and confirm each one's requirements.
• Ask the court office how to order certified copies and how long it takes.
• Keep a log of which institution received which copy.
• File the Estate Information Return with the Ministry of Finance within 180 calendar days after the certificate is issued.
• Get a CRA clearance certificate before distributing the estate.

Frequently asked questions