Probate is a process that verifies a will is real under Ontario laws. Whether a will needs to be probated or not depends on the agencies and financial institutions that hold assets within an estate – they may require that a will is probated before the assets are distributed or accessed by anyone.

How is it different than estate administration?
Probate is often used to refer to the broad process of estate administration, ranging from arranging funeral, paying other debts, distributing the estate, filing taxes and many more steps in between.

When is Probate needed?
The short answer is probate is required when an institution requires it. In other words, if a bank, company, or ICBC says that they will not transfer assets out of the name of a deceased person before they see the grant of probate, then probate is required.

In Ontario, probate is always required when a deceased owns land in their own name.
Typically when someone in Ontario passes with over about $30,000 in their own name, the executor of their Will needs to bring the Will to court to obtain a grant of probate.

If there is no will (called intestacy), it is basically the same process, and is called a grant of administration.

How long does Probate take in Ontario?
Right now the courts are experiencing a backlog in processing the Applications for a Certificate of Appointment of Estate Trustee (Executor). We are currently seeing process times up to 12-14 weeks at some local courts. Overall, it typically takes one year to probate an estate.

How long does the estate administration process take in Ontario?
Once the application is filed, the Court will need time to process it. The length of time required will vary widely depending on which jurisdiction the Court is in and may take up to 6 months. Once probate is obtained, it is the executor’s responsibility to administer the estate.

Contact: Kenneth D. Goldstein
Phone: 416 292.0414
Email: k.goldstein@gglawyers.ca