- Being the only beneficiary does not by itself remove the need for probate; Ontario says estates with real property or assets held by a financial institution normally have to be probated.
- Jointly held assets that pass to the survivor and plans or insurance with a named beneficiary are outside the estate value.
- Without a will, the right to apply follows a set order, and a common-law spouse does not inherit under the Succession Law Reform Act.
- Smaller estates valued at $150,000 or less can use the Small Estate Certificate process.
If you are the only person inheriting, it is natural to think the court process is unnecessary. There is nobody to argue with and nobody to share with, so why ask a judge to approve anything?
The reason is that probate is not mainly about dividing things. It is about confirming who has authority to deal with the estate. This article explains what probate does, how different kinds of assets are treated, and when it is worth checking with a bank or a lawyer.
What probate does, and why sole beneficiaries are not exempt
Probate asks the court to formally approve the will and confirm or grant authority to act. Ontario says that if the deceased owned real property or assets held by a financial institution, the estate normally has to be probated. Nothing in that rule turns on how many beneficiaries there are.
There is also a difference between a beneficiary and the person with authority to act. A named estate trustee is not required to act, and the court appoints a trustee where there is no will, no named trustee, or the named trustee asks the court to confirm the will. You may be the sole beneficiary and not the estate trustee, or the reverse.
Assets that may pass without probate
Some property is not counted in the estate value for tax purposes. Ontario excludes the following from the estate value.
- Assets held jointly that pass automatically to the surviving owner.
- Registered plans and insurance with a named beneficiary.
- The CPP death benefit.
By contrast, RRSPs, RRIFs and TFSAs without a beneficiary designation, bank accounts, investments, vehicles and insurance proceeds payable to the estate are counted. Whether a certificate is needed for any particular asset depends on how it is held and what the institution requires, so it is worth confirming with a lawyer. If an asset falls in the second group, the institution holding it may ask for a certificate.
When banks and real property still call for a certificate
Ontario's guidance tells executors to check whether the institution requires a certificate before applying. Calling each bank, brokerage and insurer early tells you which assets need probate and which do not.
Real property is the clearest case. Where the deceased owned real property, Ontario says the estate normally has to be probated. How this applies to a particular house depends on how it was owned, so it is worth confirming with a lawyer.
No will: the order of who can apply matters
If there is no will, being the only person who wants the estate is not enough. The spouse or common-law partner has first right to apply, followed by a close adult relative: a child, parent, grandchild, sibling, nephew or niece, and the court may choose the most appropriate relative. An intestate estate generally goes to the spouse and closest next of kin, and a common-law spouse does not inherit under the Succession Law Reform Act.
A bond is required if the deceased died without a will, if the applicant is not the named trustee, or if the applicant does not live in Ontario, another Canadian province or territory, or a Commonwealth country. The bond is generally double the estate's value unless a judge orders otherwise. A judge can also decide a bond is not required.
| Situation | What generally applies |
|---|---|
| Valid will, you are the named trustee | The named trustee usually applies |
| No will, you are a spouse or close relative | Spouse first, then close adult relatives |
| No will | A bond is required, generally double the estate value unless a judge orders otherwise |
| Any beneficiary under 18 | The Office of the Children's Lawyer must be served |
Smaller estates and next steps
An estate valued at $150,000 or less can use the Small Estate Certificate process (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. The signed application must be sent to everyone entitled to a share at least 30 days before filing.
- Locate the will: ask the deceased's lawyer, relatives or friends, search online will registries or check court records.
- Contact the court office to see whether an estate trustee has already been appointed.
- List each asset and ask each institution in writing whether it requires a certificate.
- Separate jointly held assets and named-beneficiary plans from estate assets.
- Speak with a lawyer if there is no will, a beneficiary is a minor, or an institution is refusing to release funds.
Frequently asked questions
Can I skip probate if I am the only beneficiary?
Not automatically. Ontario says estates with real property or assets held by a financial institution normally have to be probated. Whether you can avoid it depends on what the assets are and what each institution will accept.
Which assets usually do not need probate?
Assets held jointly that pass automatically to the surviving owner, and registered plans and insurance with a named beneficiary, are excluded from the estate value. Whether a certificate is still needed depends on the asset and the institution, so it is worth confirming with a lawyer.
What if there is no will and I am the only child?
Without a will, the spouse or common-law partner has first right to apply, followed by close adult relatives including children. A bond is required where the deceased died without a will. Who actually inherits depends on the family situation, so it is worth getting advice.
How long does probate take?
Ontario states applications are typically processed within 15 business days, though it takes longer if documents are missing or a judge must decide an issue. Actual waits can vary by court.
Sources
- Ontario.ca – Estate Administration Tax — ontario.ca
- Ontario.ca – Probate for a small estate — ontario.ca
- Ontario.ca – Administering estates — ontario.ca
- Ontario.ca – Apply for probate — ontario.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
This is a wills & estates question
Start a file online — flat, published fees, reviewed by a licensed lawyer before a dollar is owed.