How to Probate a Will in Ontario: A Step-by-Step Guide

Probating a will in Ontario is the formal court process that officially validates the will and gives the person in charge—the Estate Trustee—the legal green light to manage the deceased's assets. For many, this step is non-negotiable before banks or the Land Registry Office will hand over control of funds or property.

Getting to Grips With the Ontario Probate Process

When a loved one passes away, the word "probate" often comes up, and it can sound intimidating. Before you get buried in paperwork, let's break down what it actually means here in Ontario.

Think of probate as a legal stamp of approval from the court. It confirms two critical things: first, that the will is the real, legally sound document, and second, that the person named as the executor (or "Estate Trustee" as we call them in Ontario) has the official authority to act.

This authority is handed down in a document called a Certificate of Appointment of Estate Trustee. Without it, you'll find that banks, investment firms, and other institutions won't give you the time of day. They need legal proof you're the right person to be handling the deceased's accounts. It's their way of protecting themselves, but it means assets are often frozen, leaving you unable to pay estate debts or distribute inheritances.

Why Is Probate Even a Thing?

At its core, probate exists to ensure there's an orderly, legally sound way to pass wealth from one generation to the next. It’s a system of checks and balances that protects everyone involved, from the beneficiaries waiting for their inheritance to the creditors who are owed money by the estate.

Here’s why it’s so often a necessary step:

• Unlocking Assets: Financial institutions won't release funds from bank accounts, cash out investments, or close accounts held only in the deceased's name without seeing that Certificate.
• Dealing with Property: If you need to sell or transfer a house that was owned solely by the deceased, the Land Registry Office requires a probated will. No exceptions.
• Protecting the Estate Trustee: By going through the court's process, you—as the Estate Trustee—are shielded from future claims that you acted without proper authority. It's your legal backup.
• Confirming the Will's Validity: The process puts any questions to rest. It formally declares that the will being used is the deceased's final, true testament.

Taking on the role of an Estate Trustee is a major responsibility. Getting a handle on the probate process is the first, and most important, step to fulfilling your duties properly and without unnecessary delays.

When Is Probate Typically Required in Ontario?

It's not always easy to know which assets fall under the probate umbrella. This table breaks down common scenarios to give you a clearer picture.

Asset Type	Typically Requires Probate?	Common Real-World Scenario
Solely Owned Bank Accounts	Yes	A chequing account held only in the deceased's name. The bank will freeze the funds until they receive the Certificate of Appointment.
Real Estate (Sole Owner)	Yes	The deceased owned their house outright, in their name only. To sell it or transfer the title, the will must be probated.
Jointly Held Bank Accounts	No	A joint account with a spouse. The funds automatically pass to the surviving account holder by right of survivorship.
Real Estate (Joint Tenants)	No	A couple owns their home as "joint tenants with right of survivorship." The surviving partner automatically becomes the sole owner.
RRSPs, RRIFs, TFSAs	No (with beneficiary)	The deceased named their child as the direct beneficiary on their RRSP. The funds are paid directly to the child, bypassing the estate.
Life Insurance Policy	No (with beneficiary)	A life insurance policy where the deceased named their spouse as the beneficiary. The insurance company pays the proceeds directly to the spouse.
Personal Belongings	Depends	Items like furniture or jewellery can usually be distributed without probate, unless they are exceptionally valuable (e.g., fine art).

Essentially, if an asset is held solely in the deceased's name and doesn't have a named beneficiary or a survivorship right attached, you should assume it's going to be part of the probate process.

Can You Ever Sidestep Probate?

Absolutely. While probate is common, it's not a given for every estate. Smart estate planning can help many assets bypass the process entirely, saving significant time and money. It all comes down to how the assets are owned.

For instance, a home owned in joint tenancy with right of survivorship is a classic example. The property automatically passes to the surviving owner—it doesn't even get touched by the will. The same goes for assets with designated beneficiaries.

Here are the most common assets that usually avoid probate:

• Registered Retirement Savings Plans (RRSPs) and Registered Retirement Income Funds (RRIFs) with a named beneficiary.
• Tax-Free Savings Accounts (TFSAs) that have a designated beneficiary or a successor holder.
• Life insurance policies with a specific person or organization named to get the payout.
• Bank accounts held jointly with someone else.

Getting your head around these distinctions is crucial. If you'd like to explore how our firm, based in Burlington but serving all of the GTA and Ontario, can help you navigate these issues, you can learn more about our wills and estates legal services. This knowledge gives you a solid foundation for understanding the "why" behind the process, setting you up for the practical steps that lie ahead.

Gathering the Key Documents for Your Probate Application

Putting together a strong probate application is all about careful, methodical preparation. Think of it as building your case for the court. If you rush this part or miss a detail, you’re just creating headaches for yourself down the road. The Ontario court system is incredibly particular, and they will scrutinize every page you submit.

The first thing you absolutely must track down is the original will. I can't stress this enough—a copy just won't cut it. The court needs to see the document with the original, wet-ink signatures. If the will was ever amended with what’s called a "codicil," you'll need the original of that, too. These documents form the very heart of your application.

Creating a Snapshot of the Estate’s Finances

With the will in hand, your next big job is to create a detailed inventory of the deceased's assets and debts at the exact moment they passed away. This isn't a rough estimate. It's a formal accounting that requires precise, verifiable figures, as it's used to calculate the Estate Administration Tax.

This financial snapshot needs to capture every asset that will be distributed according to the will. Typically, this includes:

• Real Estate: The fair market value of any property owned solely by the deceased. You'll almost certainly need a professional appraiser to determine this value.
• Bank Accounts: The exact balance in every chequing, savings, and GIC account that was held only in the deceased's name.
• Investments: The value of all stocks, bonds, mutual funds, and any other investment accounts as of the date of death.
• Vehicles: The current market value for any cars, boats, or other vehicles.
• Personal Property: A reasonable valuation for significant items like jewellery, artwork, or valuable collections.

Of course, you also have to account for the other side of the ledger—the liabilities. This means listing all mortgages, outstanding loans, credit card balances, and any unpaid bills. When you subtract the total debts from the total assets, you get the net value of the estate, which is the number the court uses to calculate probate fees. For a more detailed look at the legal principles at play, our guide to Wills and Estate Law in Ontario is a great resource.

The Critical Importance of "Date-of-Death" Values

The court needs to know what an asset was worth on one specific day: the date of death. Not the day before, and not the day after.

This is a common stumbling block. The value of a stock portfolio, for example, can fluctuate wildly. You'll need to get a statement from the brokerage showing the precise value at the close of trading on the day the person died. It's the same for real estate; the appraiser must provide a retroactive appraisal that reflects the property's market value on that specific date, not the date they visited the house.

From my experience, gathering all the date-of-death valuations is often the most time-consuming piece of the puzzle. Banks and investment firms can take weeks to respond. I always advise clients to start this process immediately.

Formally Notifying the Beneficiaries

Before you even think about filing your application with the court, you have a legal obligation to formally notify every single beneficiary named in the will. This isn't just a courtesy; it's a mandatory legal step in Ontario.

You must send each beneficiary a complete copy of the will (and any codicils) along with your prepared probate application, which is known as Form 74A. This gives them the opportunity to review everything and, if they have concerns, to raise them before the court officially validates your authority as executor.

You'll later have to sign a sworn statement, or affidavit, confirming you did this. It’s crucial to keep meticulous records—a simple list of who you sent the package to and on what date will do. This transparency not only helps prevent disputes but also demonstrates to the court that you are diligently and correctly fulfilling your duties from the very start.

Calculating and Paying the Estate Administration Tax

Let’s get into one of the most important financial hurdles in the Ontario probate process: the Estate Administration Tax (EAT). You'll often hear this called the "probate fee," and it’s a non-negotiable payment to the Ontario government. Getting this calculation right is critical, as any mistake can bring your entire application to a standstill.

Essentially, you're paying for the court's service of officially validating the will and giving you, the Estate Trustee, the legal authority you need to act. The tax is based on the total value of the estate's assets—the same inventory you painstakingly compiled and valued as of the date of death. Payment has to be submitted right when you file, so accuracy is key.

Understanding the EAT Formula

In Ontario, the probate fee isn't a flat rate; it's tiered. The government lays out a specific formula to figure out exactly what the estate owes. Nail this calculation, and you’re one step closer to a smooth probate process.

As of the current regulations, the province's Estate Administration Tax is calculated based on the total value of the estate. The good news? There's no fee at all for estates valued at $50,000 or less.

For estates over that threshold, the calculation works like this:

• 0.5% on the value of the estate between $50,000 and $250,000 (which is $5 for every $1,000).
• 1.5% on the value of the estate over $250,000 (or $15 for every $1,000).

Let’s look at a real-world Canadian example. If an estate is valued at $300,000, the EAT isn't a simple 1.5% of the total. Instead, you'd pay nothing on the first $50,000, then $1,000 on the next $200,000 (0.5% of $200,000), and finally $750 on the remaining $50,000 (1.5% of $50,000). The total tax payable would be $1,750. You can find more details on these 2025 probate fee calculations on eirene.ca.

As this shows, your tax calculation is only as good as your paperwork. Having the original will and a precise inventory of assets is the essential first step before you can even think about running the numbers.

Which Assets Are Included in the Calculation

One of the most common questions I hear is, "What actually counts toward the estate's value for tax purposes?" The rule of thumb in Ontario is pretty straightforward: if an asset needs to go through probate to be transferred to a beneficiary, its value must be included in your EAT calculation.

This typically covers assets like:

• Real estate owned solely by the deceased.
• Bank accounts that were only in the deceased's name.
• Investment portfolios that don't have a named beneficiary or a joint owner with right of survivorship.
• Vehicles, and valuable personal items like jewelry or art.

On the flip side, some major assets are not included because they pass to the new owner outside of the will. You can leave these out of your calculation. Common examples are jointly-owned bank accounts or homes that pass to the surviving owner, or life insurance policies and RRSPs that have a designated beneficiary.

Here's a pro tip I always share: You can deduct the value of any mortgage or lien from a property's market value. If a house is worth $800,000 but has a $300,000 mortgage, you only include $500,000 in your calculation. Be careful, though—this only applies to debts secured against real estate. You can’t deduct general debts like credit card balances from the total asset value.

How and When to Pay the Tax

The Estate Administration Tax is due upfront. When you file your application at the courthouse, you must include a certified cheque, bank draft, or money order for the full amount, made payable to the "Minister of Finance."

This requirement often creates a classic catch-22. The estate's bank accounts are frozen until you get the Certificate of Appointment, but you need money from those accounts to pay the tax to get the certificate. So, what do you do?

In most cases, the Estate Trustee has to pay the tax out of their own funds and then get reimbursed from the estate once the assets are finally accessible. Some banks might also offer a specific loan to the estate to cover this cost. Anticipating this expense and figuring out how you'll cover it is a crucial step in keeping the probate process moving forward without any hitches.

Filing Your Application with the Superior Court

This is the moment where all your careful preparation pays off. You've tracked down the documents, valued the assets, and figured out the tax. Now it’s time to officially submit your application to the Ontario Superior Court of Justice. This part of the process is all about precision—following the court's rules to the letter is essential.

Your core submission revolves around the Application for a Certificate of Appointment of Estate Trustee with a Will, known officially in Ontario as Form 74A. Think of this as the cover letter and summary for your entire probate package. It lays out who the deceased was, who you are, the total value of the estate, and confirms that you’ve notified every beneficiary.

Accuracy on Form 74A is absolutely critical. I’ve seen applications get bounced back for simple mistakes like a misspelled name or a number that doesn't match the asset list. A small error can force you to start the waiting game all over again.

The Role of the Affidavit of Execution

One of the most important supporting documents you'll need is the Affidavit of Execution of Will or Codicil (Form 74D). This is a sworn statement from one of the original witnesses to the will, confirming they were present when the deceased signed it and that all the legal formalities were handled correctly.

Basically, it's the court's proof that the will is legitimate and not a forgery.

But what if you can't find either of the original witnesses? This happens more often than you'd think, especially with older wills. Don't panic—you have options in Ontario. You can submit another type of evidence, like an affidavit from someone who knew the deceased’s signature well, which can help prove the will's authenticity.

Notifying Beneficiaries and Proving You Did It

Before you can file a single page with the court, you have a legal duty to notify every beneficiary named in the will. This isn't just a courtesy call; it's a formal legal requirement. You have to give each beneficiary a copy of your completed application (Form 74A) and a copy of the will itself.

This step ensures everyone is in the loop and gives beneficiaries a fair chance to review the documents and raise any objections. Once you've sent out the notices, you must complete another form—Form 74C: Affidavit of Service—and file it with your application. This sworn statement is your proof to the court that you’ve done your due diligence.

My advice? Document everything. Keep a detailed log of who you sent the notice to, the method you used (registered mail is always a good choice), and the exact date it was sent. This level of diligence protects you and shows the court you're acting in good faith.

Recent Changes to Will Validation

It's also important to know that the legal ground is shifting in Ontario. Recent changes have given the Superior Court of Justice more power to validate wills that don't perfectly meet the traditional, rigid formalities. In the past, a minor error in how a will was signed or witnessed could get it thrown out.

Now, the court can approve documents it believes genuinely reflect the deceased’s final wishes, even with small technical flaws. This change is meant to reduce family disputes and make the probate process a bit smoother, although it's worth noting electronically signed wills are still not included. These reforms are a practical response to real-world issues families face.

Assembling and Filing the Complete Package

Once every form is filled out, signed, and sworn, you're ready to put the final package together. Your application bundle for the court needs to include:

• Form 74A: Your main application document.
• The Original Will: This must be physically attached to the application.
• Affidavit of Execution (Form 74D): Or your alternative evidence if a witness was unavailable.
• Affidavit of Service (Form 74C): Your proof that you notified all beneficiaries.
• A certified cheque or bank draft: This is for the full Estate Administration Tax, made payable to the "Minister of Finance."

You’ll file this package at the Superior Court of Justice in the county or district where the deceased officially lived. If you're handling this in Burlington or anywhere in the GTA, double-checking that you're at the right courthouse is a small but crucial detail.

If the forms feel overwhelming or you're second-guessing any step, getting professional guidance is the smart move. Don't hesitate to connect with our legal team for a consultation to make sure your application is perfect before you file.

What to Do After You Get the Probate Certificate

Getting that Certificate of Appointment of Estate Trustee in the mail feels like a huge win. You might think the hard part is over, but really, you've just unlocked the next level. This official document is your key, giving you the legal authority to start the hands-on work of managing and distributing the estate.

Now, your role shifts from paperwork and court filings to active administration. It’s a job that demands careful attention to detail, complete transparency with beneficiaries, and, most importantly, impeccable record-keeping. You now have the power to control the deceased's assets, but with that power comes the full weight of responsibility for handling everything by the book.

The Real Work Begins: Your Ongoing Duties as Trustee

With the Certificate of Appointment in hand, you can finally walk into the bank and be taken seriously. Your first big move is usually to close the deceased's personal bank accounts and open a new "estate account." This account will become the financial nerve centre for everything that follows—it’s where all the estate money will go, and where you'll pay all the bills from.

From here on out, you're juggling a few critical financial tasks. You'll need to track down and pay off all the deceased's legitimate debts, which could be anything from a final hydro bill to outstanding credit card balances or a car loan. You're also responsible for filing the deceased's final tax returns with the Canada Revenue Agency (CRA). This includes the terminal T1 return and, in many cases, a T3 trust return for the estate itself.

A word of warning from experience: do not distribute a single dollar to beneficiaries until you have a Clearance Certificate from the CRA. This is your proof that all taxes have been paid. If you pay the beneficiaries first and the CRA later discovers an unpaid tax bill, they can—and will—come after you personally to pay it.

Keeping the Books: Preparing Accounts for Beneficiaries

Throughout this entire process, you need to act like a professional bookkeeper. Every transaction, no matter how small, must be recorded. Think of it this way: every dollar in and every dollar out needs a clear paper trail.

When you're ready to wrap things up, you have to present a full accounting to the beneficiaries. This isn't just a quick summary; it's a detailed financial report that should clearly show:

• A complete list of the initial assets and what they were worth.
• Any income the estate earned (like interest or refunds).
• A breakdown of all expenses paid (funeral costs, legal fees, probate tax, etc.).
• Any compensation you’re claiming for your work as Estate Trustee.
• A clear plan for how the remaining assets will be distributed.

This step is all about transparency. It shows the beneficiaries you've managed their inheritance responsibly and ethically.

Navigating the Inevitable Bumps in the Road

Even the most straightforward estates can hit a snag. You might stumble upon a forgotten bank account or an old investment policy that wasn't in the will. Creditors you've never heard of might suddenly appear with a claim against the estate that you'll have to investigate and settle.

Family dynamics can also throw a wrench in the works. Beneficiaries might disagree on how to interpret the will, or emotions can run high over selling the family cottage. As the trustee, your job is to stay neutral, communicate openly, and always act in the best interests of the entire estate, following the will's instructions to the letter. If things get contentious, don't try to mediate a family feud on your own. This is when leaning on the expertise of experienced Burlington, Ontario, lawyers can be a lifesaver, helping to resolve disputes while ensuring you meet your legal obligations.

What Happens if Someone Challenges the Will?

It's rare, but it happens: someone can contest the will even after you've received the probate certificate. It’s important to know that challenging a will in Ontario is a serious legal undertaking with a high bar for success.

The law sets very tight deadlines for these kinds of challenges. For instance, a dependant who feels they were not adequately provided for generally has only six months to make a claim. Challenges based on things like fraud often have even shorter timelines.

The grounds for a successful challenge are narrow and specific. The person contesting the will would need to prove things like the deceased wasn't mentally capable when they signed it, was pressured into it (undue influence), or that the document itself is a forgery. If you find yourself in this situation, the first and only step is to call a lawyer immediately. This is not something you should ever try to handle alone.

A Few Common Questions About Ontario Probate

Even with a clear road map, you're bound to have questions. The probate process can feel like its own little world with its own set of rules. Let's tackle some of the most common "what ifs" and concerns we hear from executors and beneficiaries every day.

How Long Does It Really Take to Probate a Will?

This is the big one, and unfortunately, there's no single answer. The timeline for getting that Certificate of Appointment of Estate Trustee can swing wildly in Ontario.

Best-case scenario? You've got a simple estate, all your paperwork is flawless, and you file in a less-busy court district. In that perfect world, you might see the certificate in as little as 4 to 6 weeks.

But a more realistic timeline is often several months. It's incredibly easy to run into delays. A simple typo on a form, a backlog at the courthouse, or complex assets that need a closer look can all slow things down. If someone challenges the will or the estate involves a business, you could be looking at a year or even longer. My best advice is to manage everyone's expectations from the start and keep the beneficiaries in the loop.

Is There Any Way to Avoid Probate Altogether?

Yes, absolutely. With some smart estate planning ahead of time, many assets can pass to your loved ones without ever touching the probate process in Ontario. It all comes down to how the assets are owned.

• Joint Ownership: Think of a family home or a bank account held in "joint tenancy with right of survivorship." When one owner passes away, the asset automatically belongs to the surviving owner. It's not part of the estate and doesn't get tangled up in the will.
• Beneficiary Designations: This is a big one for things like RRSPs, TFSAs, and life insurance policies. You can name a specific person to receive these funds directly. When you pass, the money goes straight to them, completely bypassing the estate and probate.

Keep in mind, though, that any major assets held only in the deceased's name—with no joint owner or named beneficiary—will almost certainly have to go through probate.

Proactive planning is the single most effective way to minimize probate headaches. An estate lawyer can help structure assets to ensure a much smoother transfer, saving your family a ton of time, money, and stress.

What Happens if There Is No Will?

When someone dies without a valid will in Ontario, it's called dying "intestate." This doesn't mean the government gets everything, but it does mean the province's Succession Law Reform Act decides who gets what. The law lays out a rigid, non-negotiable formula for distributing the estate's assets.

A family member will have to apply to the court to be appointed as the "Estate Trustee Without a Will," which is almost always a more complicated and expensive process than probating a will. The law has a specific pecking order: the surviving spouse gets a "preferential share" (currently the first $350,000), and the rest is split between the spouse and children. If there's no spouse or kids, the assets go to other relatives based on a set order. For a deeper dive into these kinds of specific situations, you can find a lot of helpful information in our frequently asked legal questions section.

When Should I Call in an Estate Lawyer?

While it's technically possible to file a simple probate application on your own, it's a good idea to bring in a professional in certain situations. I'd say it's essential if you're facing any of these issues:

• The will itself is vague, poorly written, or just confusing.
• You sense any conflict brewing between the beneficiaries.
• The estate isn't straightforward—maybe it includes business assets, property in another province or country, or complex investments.
• The deceased’s financial records are a mess.

A good lawyer does more than just fill out forms. They make sure every detail is correct, help you navigate tricky tax issues, and shield you from personal liability. That expertise can save you from making costly errors and give you some much-needed peace of mind.

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Managing an estate is a significant responsibility, and you don't have to do it alone. At UL Lawyers, we are based in Burlington, Ontario and serve clients across the GTA and the entire province. We understand the challenges you're facing as an Estate Trustee and are here to offer the clear, practical guidance you need. Whether you're just starting out or have hit a roadblock, our team is ready to help. Visit us at https://ullaw.ca to schedule a consultation and make sure the estate is handled properly and efficiently.