Probate for a Hamilton resident is filed with the Superior Court of Justice for Hamilton — the Hamilton (John Sopinka) Courthouse. We handle wills and estates online across Ontario, at published flat fees — you do not need to come to an office.
Probate is filed where the deceased lived, not where the property is. For someone whose home was in Hamilton, that means the Superior Court of Justice for Hamilton — the Hamilton (John Sopinka) Courthouse.
The application is for a Certificate of Appointment of Estate Trustee. If the deceased was not living in Ontario at death, it is filed where they owned Ontario property instead.
Hamilton is a single-tier municipality — it has no county council above it, and court jurisdiction in Ontario follows those boundaries rather than city limits — so the city and the court district are one and the same.
The Hamilton (John Sopinka) Courthouse handles Superior Court civil filings, Small Claims Court, Divisional Court appeals, enforcement of orders, a Crown Attorney's office and the Victim/Witness Assistance Program. It is in the city itself, so there is no travel out of town for a filing or an appearance.
Where the deceased lived at death decides the court — an executor living anywhere else still files a Hamilton estate through the same court, not their own.
An interment right — the right to require or direct interment in a lot under the Funeral, Burial and Cremation Services Act, 2002 — is property of the estate, and the certificate of interment names who holds it. An executor generally has to establish which cemetery holds the right and whether it was prepaid. Hamilton has 19 licensed cemeteries on the Bereavement Authority of Ontario register:
The last address on an estate file is often a long-term care home. Where a will or a continuing power of attorney is signed after a move into care, capacity under the Substitute Decisions Act, 1992 and the possibility of undue influence are the questions raised afterwards — so it matters when the document was signed, and who was present. Homes are licensed under the Fixing Long-Term Care Act, 2021. Hamilton has 26 licensed long-term care homes:
The first question is usually whether probate is needed at all. It is not automatic. What forces it is what the estate holds and what the institutions holding those assets insist on — a bank or the land registry asking for a Certificate of Appointment before they will deal with you. Assets held jointly with right of survivorship, or with a named beneficiary, may pass outside the estate entirely.
Where an application is needed, it goes to the Superior Court of Justice for Hamilton — the courthouse in the city itself. The estate trustee is the person who signs it, and who becomes personally responsible for getting the administration right.
That personal responsibility is the part most executors underestimate. An estate trustee who distributes before debts and taxes are settled can end up paying the difference themselves. A clearance certificate from the Canada Revenue Agency exists precisely to protect against that, and skipping it to move faster is a false economy.
If there is no will, someone still has to be appointed. Entitlement to be appointed is governed by the Estates Act; who actually inherits is governed by the Succession Law Reform Act. They are two different questions with two different answers, and conflating them is the most common mistake we see from Hamilton families trying to sort an intestacy themselves.
Estate Administration Tax is set by the province and is the same everywhere in Ontario — it does not vary by city.
With the Superior Court of Justice for Hamilton — Hamilton (John Sopinka) Courthouse. The rule is that probate is filed where the deceased lived at the time of death, not where their property is located.
Not always. It depends on what the estate holds and what the institutions holding those assets require. Jointly held property passing by survivorship and assets with a named beneficiary may pass outside the estate.
Nil on the first $50,000 of estate value, then $15 for every $1,000 (or part) above that. On a $240,000 estate the tax is $2,850. It is the same across Ontario.
Someone applies to be appointed estate trustee without a will. Entitlement to be appointed is governed by the Estates Act; who inherits is governed by the Succession Law Reform Act. They are two different questions.
Yes. We work online across Ontario, and the filing venue is determined by where the deceased lived, not by where you are.
Ontario charges no estate administration tax on the first $50,000, then $15 for every $1,000 (or part) above it. Encumbrances on real property come off the value first. Enter an estate value to see the arithmetic — and note that whether probate is needed at all is a separate question worth answering first. More on the estate administration tax calculator.
Open your Hamilton file online in minutes — a licensed Ontario lawyer reviews it before a dollar is owed.