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Do you need probate? Find out in about two minutes.
When someone dies, their family often does not know whether the estate has to go through probate. This free tool asks a few plain questions and gives you a clear answer for your province or territory — before you pay for a lawyer.
When is probate usually needed?
In Canada, whether you need probate depends mostly on how the assets were owned — not just on how large the estate is. As a general guide:
Probate is often required when…
- the person owned real estate (a home or land) in their name alone
- a bank or investment firm holds a sole-name account and asks for a grant
- there is no will, or the estate is disputed
Probate is often not required when…
- assets were owned jointly with right of survivorship
- assets (insurance, RRSP, RRIF, TFSA, pensions) name a beneficiary
- the estate is small and your province has a simplified process
Your situation is specific to you. The checker walks through it step by step.
Probate by province and territory
Probate is set province by province. Choose where the person who died lived:
Built and reviewed by a lawyer
doineedprobate.ca is created and reviewed by a practising Canadian lawyer. Every figure and procedure is drawn from official government and court sources and checked before it is published. It is still general information — not legal advice — and probate law changes, so confirm your situation with a lawyer. Read more about us.