Do I need probate in Ontario if there is a will?

Not always. A will names you as estate trustee, but it does not on its own give you authority over every asset. If the estate includes sole-name real estate or accounts, an institution may ask for a Certificate of Appointment of Estate Trustee first. If everything passes by survivorship or beneficiary designation, a certificate may not be needed.

How much does probate cost in Ontario?

Ontario charges Estate Administration Tax, often called the probate tax. No tax is payable on estates valued at $50,000 or less. Above that, the rate is $15 for every $1,000 of estate value over $50,000, with no upper cap. For example, an estate of $240,000 would owe about $2,850.

What is Ontario's Small Estate Certificate?

For estates valued at $150,000 or less, you can apply for a Small Estate Certificate using Form 74.1A instead of a full Certificate of Appointment. Beneficiaries must be served at least 30 days before filing. It is a simpler process, and it gives the same authority over the assets listed in the application.

How long does probate take in Ontario?

It varies with the estate and the court location. You must serve beneficiaries at least 30 days before filing, then the court reviews the application. Straightforward applications often take several weeks to a few months. Estates that are contested, involve minor beneficiaries, or require an administration bond usually take longer.

Ontario

Do you need probate in Ontario?

Losing someone is hard, and stepping in to settle their estate can feel daunting. In Ontario, probate means asking the Superior Court of Justice for a Certificate of Appointment of Estate Trustee, or a Small Estate Certificate for smaller estates, which confirms the will and your authority to act. Whether you need one depends mostly on what the person owned and how each asset was held.

Check your situation

When is probate required in Ontario?

Probate is usually required when…

The deceased owned real estate in their sole name that must be transferred or sold and does not qualify for the First Dealings Exemption.
A bank or investment firm holds a sole-name account and asks for proof of the estate trustee's authority before releasing it.
The deceased died without a will, or the will names no estate trustee.
A beneficiary cannot give legal consent, such as a minor or an incapable adult, or there is a dispute about the will or the appointment.

Probate is usually not required when…

Every asset was held in joint tenancy with right of survivorship and passes automatically to the surviving owner.
Assets such as life insurance, an RRSP, RRIF, TFSA, or pension had a valid named beneficiary other than the estate.
The estate is only modest accounts that the institution agrees to release without a certificate.
The deceased owned no sole-name assets that require a certificate, and any real estate qualifies for the First Dealings Exemption.

Simplified small-estate process

Ontario offers a simplified process for smaller estates valued at $150,000 or less . For estates valued at $150,000 or less, an estate trustee can apply for a Small Estate Certificate using Form 74.1A. Beneficiaries must be served at least 30 days before filing. The court issues a Small Estate Certificate (Form 74.1C). The process is simpler than a full Certificate of Appointment but gives the same authority for the listed assets. The main form is Application for a Small Estate Certificate (Form 74.1A).

Probate fees

Estate Administration Tax (commonly called probate tax): $0 on estate value of $50,000 or less, then $15 for every $1,000 (or part thereof) of value above $50,000. There is no upper cap.

Where to apply

Applications are made to the Ontario Superior Court of Justice. List every asset and how it was held (sole name, joint, or with a named beneficiary). If a Certificate of Appointment is needed and the estate is $150,000 or less, consider the Small Estate Certificate (Form 74.1A); otherwise file the full application to appoint an estate trustee.

Common questions about probate in Ontario

Do I need probate in Ontario if there is a will?: Not always. A will names you as estate trustee, but it does not on its own give you authority over every asset. If the estate includes sole-name real estate or accounts, an institution may ask for a Certificate of Appointment of Estate Trustee first. If everything passes by survivorship or beneficiary designation, a certificate may not be needed.
How much does probate cost in Ontario?: Ontario charges Estate Administration Tax, often called the probate tax. No tax is payable on estates valued at $50,000 or less. Above that, the rate is $15 for every $1,000 of estate value over $50,000, with no upper cap. For example, an estate of $240,000 would owe about $2,850.
What is Ontario's Small Estate Certificate?: For estates valued at $150,000 or less, you can apply for a Small Estate Certificate using Form 74.1A instead of a full Certificate of Appointment. Beneficiaries must be served at least 30 days before filing. It is a simpler process, and it gives the same authority over the assets listed in the application.
How long does probate take in Ontario?: It varies with the estate and the court location. You must serve beneficiaries at least 30 days before filing, then the court reviews the application. Straightforward applications often take several weeks to a few months. Estates that are contested, involve minor beneficiaries, or require an administration bond usually take longer.

Official sources

This page is general information about probate in Ontario, not legal advice. Estate law changes and is specific to each situation — confirm yours with a lawyer licensed in Ontario.