Probate in Ontario: What It Is and How Long It Takes

If you are an executor — or have recently been named as one — you have probably heard the word "probate" thrown around and wondered exactly what it means. In Ontario, probate is the court process through which a will is officially recognized and the executor's authority is confirmed. Understanding when it is required, how it works, and roughly how long it takes will help you avoid unnecessary delays and costs.

Probate in Ontario is now formally called obtaining a Certificate of Appointment of Estate Trustee. The certificate is issued by the Superior Court of Justice and serves as official proof that you have the legal authority to administer the estate and deal with its assets.

Why Probate Exists

Financial institutions, land registry offices, and other asset holders need to know they are releasing property to the right person. Without court confirmation, a bank has no way to verify that the executor named in a will is actually authorized — or that the will is the deceased's final, valid one. The Certificate of Appointment resolves that uncertainty.

Once you hold the certificate, institutions are legally protected if they deal with you in good faith. Without it, many will refuse to release assets, transfer titles, or close accounts.

When Is Probate Required in Ontario?

Not every estate needs probate. Whether you need it depends on what the estate holds and how assets are owned.

Probate is commonly required when the estate includes:

• Real property (land or a house) registered in the deceased's name alone.
• Bank or investment accounts above the threshold at which the institution demands court confirmation (thresholds vary by institution).
• Shares in a private corporation where the corporate articles or shareholders' agreement require it.
• Assets in another province or country that require Ontario court authority.

Probate may not be required when:

• All significant assets pass outside the estate — for example, through joint tenancy with right of survivorship, designated beneficiaries on registered accounts (RRSPs, TFSAs, RRIFs, life insurance), or inter vivos trusts.
• The estate is small and financial institutions are willing to release assets on an indemnity without a certificate.
• The only asset is a joint account.

Careful estate planning — structuring ownership and beneficiary designations deliberately — can sometimes reduce or eliminate the need for probate. That is a planning decision, not something to do reactively after death.

The Two Streams: Regular and Small Estate

Regular Application (Certificate of Appointment of Estate Trustee With a Will)

This is the standard process when a will exists and the estate exceeds the small-estate threshold.

The executor files an application in the Superior Court of Justice. Required materials include:

• The original will and any codicils (amendments).
• A completed application form with details about the deceased and the estate.
• An affidavit of execution (confirming the will was properly witnessed), or, if witnesses cannot be located, an affidavit of condition.
• A Statement of Assets (a sworn inventory of estate assets and their values as of the date of death).
• Payment of Estate Administration Tax (EAT), calculated on the value of the estate — see our article on estate administration tax for how this is calculated.

Notice must generally be given to estate beneficiaries before the application is filed.

Small Estate Certificate

Ontario introduced a simplified small estate process for estates under a prescribed value threshold (verify the current threshold, as it is set by regulation and subject to change). The small estate application is less complex, requires fewer supporting materials, and is typically faster and less expensive.

Even in the small estate stream, Estate Administration Tax is payable if the estate value exceeds the first-tier exemption. A lawyer can help you determine which stream applies and prepare the materials correctly.

Application Without a Will (Intestacy)

If the deceased left no valid will, a family member applies for a Certificate of Appointment of Estate Trustee Without a Will. The process is similar but requires additional materials, and the court must confirm who has the right to apply under Ontario's intestacy rules. This typically takes longer and is more complex than applying with a valid will.

How Long Does Probate Take in Ontario?

Timelines vary significantly by court location and current case volume. As a general guide:

• Preparing the application: One to four weeks, depending on how quickly the executor can locate assets, obtain date-of-death values, and gather supporting documents.
• Court processing: Typically several weeks to a few months once filed, depending on the courthouse. Some courts have backlogs that extend the wait considerably.
• Total elapsed time from death to certificate: Commonly two to six months for a straightforward estate, though complex or contested matters can take much longer.

These are rough estimates as of the time of writing — processing times change. A lawyer familiar with local court conditions can give you a more current picture.

Costs Associated with Probate

The two main costs are:

1. Estate Administration Tax (EAT): A provincial tax calculated on the value of the estate. Payable when the application is filed. See our article on EAT for current rates and what is included in the calculation.

1. Legal fees: If you retain a lawyer to prepare the application (which most executors do to avoid errors), fees vary by complexity. Treadstone Law offers flat-fee estate administration services — transparent pricing with no surprises.

Court filing fees are modest compared to EAT, but confirm the current amounts with the court or your lawyer.

Common Mistakes That Delay Probate

• Filing the application before the required notice period to beneficiaries has passed.
• Submitting an incomplete or inaccurate Statement of Assets.
• Failing to locate all original will documents (only originals are accepted).
• Undervaluing or omitting assets, which can expose the executor to personal liability.
• Paying estate debts or distributing assets before obtaining the certificate, which can complicate the process.

Frequently asked questions