Probate is not a tax audit and it is not a court case. It is the court confirming who has authority to deal with an estate — and often, whether you need it at all is the first real question.
Our wills & estates work starts at $563.87, taxes included and published on our pricing page. Disbursements and government fees are extra and billed at cost.
In Ontario the document is a Certificate of Appointment of Estate Trustee. It confirms the authority of the person administering the estate, with or without a will.
It is not automatic. What forces it is what the estate holds and what the institutions holding those assets insist on — a bank releasing funds, or the land registry accepting a transfer, may require the certificate before dealing with you.
Assets held in joint tenancy with a right of survivorship, and assets with a named beneficiary, may pass outside the estate entirely and not require it.
The application goes to the Superior Court of Justice for the county or district where the deceased lived at the time of death — not where their property is located. If the deceased was not living in Ontario at death, it is filed where they owned Ontario property.
That trips people up when the family home and the family are in different places. Most Ontario municipalities do not have a Superior Court of their own, so the filing venue is frequently a nearby city rather than the deceased's own town. Our city pages set out the answer for each.
Estate Administration Tax is set by the province and is the same everywhere in Ontario. There is no tax on the first $50,000 of estate value. Above that, it is $15 for every $1,000 (or part thereof).
On a $240,000 estate, that produces $2,850. Those rates have applied since 1 January 2020.
The tax is calculated on the value of the estate at the date of death, and the value has to be established properly rather than estimated casually — an Estate Information Return follows the application.
No. It depends on what the estate holds and what the institutions holding those assets require. Jointly held property and assets with a named beneficiary may pass outside the estate.
With the Superior Court of Justice for the county or district where the deceased lived at death. If they were not living in Ontario, where they owned Ontario property.
Nil on the first $50,000, then $15 per $1,000 or part thereof above that. A $240,000 estate pays $2,850. The rates have applied since 1 January 2020.
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.
It varies by court location and by how clean the application is. Valuation problems and missing documents are the usual causes of delay.
Government sources for this topic. Rules change — confirm the current position before you rely on it.
Open a file in minutes — a licensed Ontario lawyer reviews it before a dollar is owed.