As a Wills & Estates lawyer here in Ontario, one of the questions I get
- Exceptional Service
- Unrivaled Expertise
- Peace of Mind
- Exceptional Service
- Expert Guidance
- Personalized Wills Solutions
Providing Trusted Probate & Legal Guidance
100%
Client Satisfaction
What is Probate in Ontario? Do I need Probate?
Losing a loved one is undeniably a stressful and overwhelming time. Beyond personal grief, there’s legal matters that need to be addressed. In Ontario, Probate (also known as a Certificate of Appointment of Estate Trustee) is the court process that grants legal authority to the applicant to manage and distribute the deceased's estate.
While not every estate requires it, probate is typically necessary if the deceased owned real estate, significant bank accounts, or if institutions require legal proof of who can act on behalf of the estate. This process ensures a smooth, legally compliant transfer of assets, providing essential peace of mind to all involved.
Probate Process
01
Getting Started
Book a consultation appointment through our website.
02
Initial Consultation
We have an in-depth consultation meeting where we go through your completed questionnaire and discuss options.
03
Information Gathering
You complete our client questionnaire & provide information about your family and finances
04
Document Drafting
We draft documents and send them for your review
05
Review & Revision
You review the documents with me, let me know if you have any questions and we make adjustments
06
Signing & Execution
You attend at our office to meet with me in person and sign the documents.
02
Initial Consultation
We have an in-depth consultation meeting where we go through your completed questionnaire and discuss options.
03
Information Gathering
You complete our client questionnaire & provide information about your family and finances
04
Document Drafting
We draft documents and send them for your review
05
Review & Revision
You review the documents with me, let me know if you have any questions and we make adjustments
06
Signing & Execution
You attend at our office to meet with me in person and sign the documents.
Obtaining Probate
Obtaining Probate is crucial for managing a deceased person's estate. Whether there's a Will or not, probate gives the legal authority to handle and distribute the estate.
Small Estate
For estates under $150,000, we review the documents, file the simplified probate application, and send you the Certificate of Appointment once issued.
Estate without a Will
If there’s no will, we advise on who should apply, prepare the probate documents, and forward the Certificate of Appointment when ready.
Estate with Will
We review the will, file the required probate application, and promptly send you the Certificate of Appointment once issued.
Complete Estate Administration
Obtaining a Certificate of Appointment is only the beginning of estate administration. We provide complete, end-to-end support to ensure every step is handled with care.
Full Probate Application
For estates under $150,000, we review the documents, file the simplified probate application, and send you the Certificate of Appointment once issued.
Estate Asset Management
We help with asset valuation, debt handling, and provide regular progress updates.
Transfer & Beneficiary Support
We transfer assets to the Trustee, distribute them to beneficiaries, and offer ongoing support until the estate is finalized.
Frequently Asked
Questions
My loved one just died, what’s the first thing I need to do?
Please accept our condolences for your loss. Your first steps should be to obtain the death certificate (usually provided by the funeral home) and locating the original Will (if any). Once you have these, it’s advisable to speak with a lawyer to understand the next steps for managing the estate.
What is probate?
Probate (also known as a Certificate of Appointment of Estate Trustee) is the court process that grants legal authority to the applicant to manage and distribute a deceased person’s assets.
Does every estate need probate?
No, not every estate requires probate. It’s often needed if the deceased owned real estate solely in their name or if financial institutions require proof of authority to release significant assets.
What is “probate tax” and how is it calculated?
“Estate Administration Tax” (often called “probate fees”) is a tax paid to the Ontario government when applying for a Certificate of Appointment of Estate Trustee. It’s calculated based on the total value of the deceased’s estate. For estates over $50,000, it’s roughly 1.5% of the estate’s value.
Can I handle the probate process myself?
While there is no legal requirement to hire a lawyer, due to the complexity of estate law, many people choose to work with a lawyer to ensure accuracy, avoid delays, and gain peace of mind during a challenging time.
Explore our Blogs
As a Wills & Estates lawyer here in Ontario, one of the questions I get
As a Wills & Estates lawyer here in Ontario, one of the questions I get
Book Your Free Consultation
[cal url=/vireolaw/wills-estate-planning-consultation type=1 text="Schedule a call with me"]
© 2026 Vireo Law. All rights reserved.