Probate is the court-supervised process of validating a will and confirming the executor's authority to administer an estate. In Ontario, it's formally called a "Certificate of Appointment of Estate Trustee with a Will" (or without a will if there's no will).
When is Probate Required?
Probate is typically required when:
- The estate includes real property (land or a house) registered in the deceased's name alone
- The deceased had investment accounts, stock portfolios, or large bank accounts in their name alone
- A financial institution or government agency requests it before releasing assets
- There's a risk the will may be challenged
When Can You Avoid Probate?
Assets that pass outside the estate — and therefore don't require probate — include:
- Joint property (passes automatically to the survivor)
- Assets with named beneficiaries (RRSPs, RRIFs, TFSAs, life insurance, pensions)
- Gifts made before death
The Estate Administration Tax
Ontario's probate tax is 1.5% on the value of estate assets over $50,000. Strategies to minimize this include joint ownership, beneficiary designations, and inter vivos trusts — but these have their own costs and risks and should be planned well in advance with a lawyer.
How Long Does Probate Take?
Applications are filed with the Superior Court of Justice. Processing typically takes 4-8 weeks for straightforward estates, though complex applications or those requiring additional information can take 3-6 months.