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The Probate Centre

For an executor or family member handling an Ontario estate: from the first two weeks after a death through applying for probate, paying debts and taxes, and distributing what's left, what has to happen, in what order, and what the law requires.

Where are you right now?
Registering the death, securing the home, and the short list of people to notify first

For an executor or family member handling an Ontario estate: from the first two weeks after a death through applying for probate, paying debts and taxes, and distributing what's left, what has to happen, in what order, and what the law requires. Seven stages carry you through it — the death, find the will, probate or not, apply, gather, debts & taxes and distribute — each explaining what happens, who is responsible, and what Ontario law requires. Calculators, a glossary and guides to download sit alongside the stages, and every one ends with our flat, published fee and a way to start a file online.

Tools

Calculators, checklists that build themselves, and timelines you can drop a date into.

Who you'll deal with

And what each one is actually responsible for.

Estate trustee (executor)

Named in the will, or applying without one, and responsible for administering the estate honestly and prudently from start to finish.

Regulated by Superior Court of Justice
Your lawyer

Confirms authority, prepares the probate application, advises on debts, taxes and distribution, and drafts the accounts.

Regulated by Law Society of Ontario
Superior Court of Justice, Estates List

Issues the Certificate of Appointment, hears will challenges, and reviews accounts that are formally passed.

Regulated by Ministry of the Attorney General
Ministry of Finance

Collects the estate administration tax and receives the Estate Information Return, with the power to audit or reassess it.

Regulated by Government of Ontario
Canada Revenue Agency

Assesses the deceased's and the estate's tax returns and issues the clearance certificate before final distribution.

Regulated by Government of Canada
Beneficiaries

Entitled to notice, information as the estate is administered, and an eventual accounting of what came in and went out.

Financial institutions

Set their own requirements for releasing or transferring an asset, from a death certificate alone to a full Certificate of Appointment.

Regulated by FCAC and OSFI for banks; FSRA for credit unions
Creditors

Entitled to be paid from the estate, in the order the law sets, before any beneficiary receives a distribution.

Accountant

Prepares the terminal and estate tax returns and advises on the deemed disposition of capital property at death.

Regulated by CPA Ontario

Words worth knowing

A few from the full glossary.

Estate trustee

The person who administers a deceased person's estate: an executor if named in a will, an administrator if appointed where there is none.

Certificate of Appointment of Estate Trustee

The court's confirmation of who may act for an estate, commonly called probate. Needed before a bank or the land registry will act on a will's authority alone.

Certificate of Appointment of Estate Trustee Without a Will

The version of probate used where there is no will, or the named executor cannot act, granted to whoever has priority under the Succession Law Reform Act.

Letters of Administration

An older name still used for the authority granted where there is no will; today issued as a Certificate of Appointment of Estate Trustee Without a Will.

Small estate certificate

A simplified Certificate of Appointment available under Rule 74.1 for an estate valued at $150,000 or less, with a shorter application.

Estate administration tax

The tax paid to the Ministry of Finance, based on the estate's value, before a Certificate of Appointment is issued.

Ready when you are.

Start a file online in about seven minutes, or ask a lawyer first. Flat, published fees.

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