When Do You Need a Certificate of Appointment in Ontario?

If you are the estate trustee, one of your first questions is whether you have to apply for probate at all. The honest answer is that it depends on what the deceased owned and how it was held.

This page lists the situations that usually trigger the need for a Certificate of Appointment of Estate Trustee, the situations where one may not be needed, and how to decide which route fits your estate.

The starting rule

In Ontario, probate is the court procedure that gives authority to an estate trustee, and the document the court issues is called a Certificate of Appointment of Estate Trustee. It is not always required. The type of assets usually decides whether it is needed.

An estate normally must be probated if the deceased owned real property, or assets held by a financial institution, in their own name.

Situations that usually trigger the need

• Real estate in the deceased's sole name. An estate normally must be probated if the deceased owned real property in their own name, and 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.
• Bank accounts in the deceased's name alone. Assets held by a financial institution in the deceased's own name are the kind of asset that normally requires probate.
• Investment accounts held in the deceased's own name at a financial institution, which fall under the same rule.
• Registered plans such as RRSPs or TFSAs with no beneficiary designation. These are included in the estate value for Estate Administration Tax, so count them when you add up the estate. Whether a certificate is needed to deal with a particular plan depends on the plan and the institution, so confirm with the plan administrator.

Banks and investment firms each set their own internal policies about when they will release funds without a certificate, and those limits vary from institution to institution. Ask each one what it requires before you assume you can avoid probate.

Situations where a certificate may not be needed

Treat the land registry exceptions carefully. They come from registry guidance, and current practice is worth confirming with a lawyer before you rely on it, especially the $50,000 figure, which is separate from the $150,000 Small Estate Certificate limit.

Which certificate fits your estate

Since April 1, 2021, an estate valued at $150,000 or less can use the simplified Small Estate Certificate process, with Forms 74.1A, 74.1B and 74.1C plus an affidavit 74D, 74E or 74F as needed. The application goes to beneficiaries or their legal representatives 30 days before filing, and processing is usually about five business days.

Estates that exceed that limit must apply to the court for a Certificate of Appointment of Estate Trustee instead. If more assets are found later in a small estate, you can file Form 74.1E for an Amended Small Estate Certificate, but only if the combined value stays at $150,000 or less.

Some certificates, such as a Certificate of Appointment of Estate Trustee During Litigation and a certificate for a succeeding estate trustee, do not require Estate Administration Tax or an Estate Information Return.

Who applies and what to do next

If there is a will, the estate trustee named in it usually applies. If there is no will, the married spouse or common-law partner usually has first right to apply, followed by a close adult relative. A bond may be required if there is no will, if the applicant was not named in the will, or if the applicant lives outside Ontario, Canada's other provinces and territories, and the Commonwealth.

• List every asset and note whether it was in the deceased's name alone, held jointly, or had a named beneficiary.
• Separate land from bank and investment accounts, since each may be dealt with differently.
• Ask each financial institution what it needs to release funds.
• Estimate the total value to see whether the $150,000 small estate limit applies.
• Get legal advice if there is a dispute, a non-resident applicant, or any doubt about how an asset passes.

Frequently asked questions