Probate in Ontario: An Executor's Step-by-Step

If you've been named estate trustee (Ontario's word for executor) for someone who lived in Ontario, "probate" is probably the step you're most unsure about. Here's what it actually is, whether you need it, what it costs, and how the process runs — in plain language.

What "probate" means in Ontario

In Ontario, probate is the court process of confirming your authority to act. When it's done, the court issues a Certificate of Appointment of Estate Trustee — with a will if there's a valid will, or without a will if there isn't. Banks, the land registry, and investment firms rely on that certificate as proof they're dealing with the right person.

The older term "letters probate" still floats around, but the certificate is the document you're after.

Do you even need it?

Not every estate needs probate. You can often avoid it when assets pass outside the estate — for example:

• Property owned in joint tenancy that passes to the surviving owner
• Accounts, RRSPs, RRIFs, TFSAs, or life insurance with a named beneficiary
• Estates that are small or hold no assets requiring a certificate

You'll generally need probate when there's real estate held solely in the deceased's name, or when a financial institution won't release significant assets without the certificate. A quick way to tell: ask each institution whether it requires a Certificate of Appointment to release the asset. Their answers decide it for you.

Estate Administration Tax — what you'll actually pay

Ontario charges an Estate Administration Tax (often still called "probate fees") based on the value of the estate:

• Nothing on the first $50,000
• $15 for every $1,000 (1.5%) on the value above $50,000

So a $600,000 estate pays roughly $8,250 — that's 1.5% of $550,000. Estates of $50,000 or less pay nothing. The tax is normally paid when you apply for the certificate.

Two things executors miss: the tax is based on the value at the date of death, and you generally value the gross estate (before most debts), with a limited exception for an encumbrance like a mortgage registered against the deceased's real estate. When in doubt on valuation, this is worth a short conversation with a probate lawyer or accountant — it's an area where guesses get expensive.

The paperwork, and where it goes

Two filings matter most:

1. The court application for the Certificate of Appointment — filed with the Superior Court of Justice. It includes the application form, the original will (if any), proof of death, and payment of the Estate Administration Tax.
2. The Estate Information Return — filed with the Ontario Ministry of Finance within 180 calendar days of the certificate being issued. This return details the assets and values the tax was based on. Missing this deadline carries penalties, so it goes on your calendar the day the certificate arrives.

The waiting periods

Expect the certificate itself to take anywhere from a few weeks to a few months, depending on the court's backlog and whether the application is complete. After you're appointed, it's standard practice to wait before distributing — many estate trustees hold off until they're confident all debts, taxes, and potential claims are accounted for. Distributing too early can leave you personally on the hook.

When to bring in a probate lawyer

You can apply for probate yourself, and for a straightforward estate many people do. Consider a lawyer when:

• There's real estate, a business, or assets in more than one province or country
• The will is unclear, old, or might be challenged
• The family situation is tense, blended, or includes a possible dependant's claim
• You simply don't have the time or stomach for the paperwork and want it done right

A probate lawyer's fee is often modest next to the cost of a mistake on a six-figure estate.

Common Ontario mistakes to avoid

• Missing the 180-day Estate Information Return — it's easy to forget once the certificate is in hand.
• Distributing too early — before debts, taxes, and the CRA clearance are settled.
• Mis-valuing the estate — guessing at real estate or business values instead of getting them appraised.
• Ignoring the final tax return — the deceased's final T1 and any estate (T3) returns are separate from probate and still have to be filed.

Foxglove is a guide, not a law firm. This article is general information about Ontario estate administration, not legal or tax advice. Figures and deadlines can change — confirm current amounts with the Ministry of Finance or a qualified Ontario professional before you act.