Does this estate actually need to go through probate?

What probate actually is

Probate is the court process that produces a Certificate of Appointment of Estate Trustee, proof that the named executor, or an applicant where there is no will, has authority to deal with the estate. The Estates Act and the Rules of Civil Procedure govern the application, made to the Superior Court of Justice.

A will does not, by itself, prove anything to a bank or the land registry. The certificate is what turns the will's authority into something a third party will act on.

What almost always needs it

Real estate registered in the deceased's name alone cannot be transferred or sold without a Certificate of Appointment; the land registry system requires it. Any asset an institution is uncertain about, a large investment account, a business interest, or property outside Ontario tied to an Ontario estate, is also likely to require it, because the institution wants the court's confirmation before releasing anything of size.

What often does not

Property held in joint tenancy with a right of survivorship usually passes directly to the surviving joint owner by operation of law, outside the estate and without probate. Life insurance, RRSPs, RRIFs and pensions with a named beneficiary who is not the estate itself pass directly to that beneficiary. Many banks will release a modest balance, often under a threshold the bank sets itself, on a death certificate and an indemnity, without insisting on a certificate.

These are institutional practices, not fixed legal thresholds, so what one bank accepts another may not.

The small estate route

For an estate valued at $150,000 or less, Rule 74.1 of the Rules of Civil Procedure allows a simplified small estate certificate, with a shorter application than a full one. Check the current threshold, since it has changed before, and the court's own forms set out exactly what counts toward the $150,000.

Deciding, in practice

Start by listing every asset and how it is held, then ask each institution in writing what it requires before releasing or transferring it. Some will insist on probate for a small balance if the will is unclear or contested; others will not for a larger one if the paperwork is otherwise clean. The quiz on this page walks through the questions that usually decide it.

We can review what an institution is actually asking for and tell you whether it is a legal requirement or a policy you can push back on.