Most executors don't start looking up probate until a bank turns them away. You present the Will, explain that you're the executor, and the teller tells you they need a court-issued document before they can do anything with the account.
That document is the Certificate of Appointment of Estate Trustee. Getting it is what probate is. For most Ontario estates with assets held in the deceased's name alone, there is no shortcut around it. This guide covers the full process, what it costs, and where things tend to go wrong.
What Is Probate in Ontario?
Probate is the court process that confirms a Will is valid and grants the executor formal legal authority to administer the estate. Without the Certificate of Appointment, most institutions won't transfer or release assets held in the deceased's name alone. It is, in practical terms, the key that unlocks the estate.
When Is Probate Required in Ontario?
Not every estate needs it. Whether probate is required depends on what the deceased owned and how those assets were held.
Probate is typically required for:
Real estate registered solely in the deceased's name, or held as a tenant-in-common
Bank and investment accounts above a financial institution's internal threshold (this varies by institution)
Shares in a private corporation without a share transfer agreement
Other assets held in the deceased's name alone with no designated beneficiary
Probate is generally not required for:
Registered accounts with a named beneficiary (RRSPs, RRIFs, TFSAs, life insurance)
Jointly held property with right of survivorship, which passes automatically to the surviving owner
Small balances that fall below a financial institution's threshold for requiring the Certificate
When in doubt, contact the institution directly. They will tell you what they need.
Step-by-Step: The Ontario Probate Process
Step 1: Locate the Original Will
Courts require the original Will, not a copy. Check the deceased's home, any safe deposit box, and consider the Law Society of Ontario's Will Registry if they worked with a lawyer.
If no Will is found, the estate is intestate and a separate process applies.
Step 2: Estimate the Value of the Estate
You need a reasonable estimate of the total value of the deceased's Ontario assets as of the date of death. This figure determines your Estate Administration Tax obligation and supports your court application.
Most applicants file this estimate alongside an undertaking — a formal commitment to file a detailed Estate Information Return with the Ontario Ministry of Finance within six months of receiving the Certificate. The Ministry can audit that return, and underreporting carries serious penalties. Getting the valuation right at the outset matters both for the accuracy of your tax payment and for what you'll need to account for later.
Step 3: Notify the Beneficiaries
Before filing, the court requires proof that beneficiaries named in the Will have been notified. Each beneficiary must be served with a copy of the application and Will. You then file an affidavit of service confirming notice was given.
This step surprises many executors who assume notification comes after filing. Getting the order wrong means the application won't be accepted.
Step 4: Prepare and File the Application
The probate application is a package of court forms filed with the Superior Court of Justice. It covers the appointment itself, confirmation of how the Will was executed, and the estimated value of the estate. The original Will and proof of EAT payment are filed alongside.
Every form must be complete, consistent, and correctly sworn. Minor errors are one of the most common reasons applications are returned.
Step 5: Pay the Estate Administration Tax (EAT)
Ontario's Estate Administration Tax (commonly called probate fees) is calculated on the total value of the estate:
$0 on the first $50,000
$15 per $1,000 (or part thereof) on the value above $50,000
Example: An estate valued at $850,000 would owe approximately $12,000 in EAT.
Payment is required before the court will issue the Certificate, typically by certified cheque to the Ontario Ministry of Finance.
Note: EAT applies to Ontario assets only. Jointly held assets with right of survivorship, registered accounts with named beneficiaries, and assets held outside Ontario are generally excluded.
Step 6: Receive the Certificate and Administer the Estate
Once the Certificate of Appointment is issued, you have the legal authority to collect assets, pay debts and taxes, file the deceased's final tax return, and distribute the remaining estate to beneficiaries according to the Will.
This phase carries its own risks. Executors are personally liable for premature distributions, particularly if assets are paid out before creditors are notified or debts are settled. The six-month deadline to file the Estate Information Return also begins from this point.
How Long Does Probate Take in Ontario?
It varies significantly by courthouse. In smaller Ontario jurisdictions, a clean application can be processed in a week or two. In Toronto and other major urban centres, the same application may take several months.
What holds true everywhere: errors cause delays. An application returned for correction goes back to the queue. At a busy court, that can add weeks or months to a process where beneficiaries, financial institutions, and real estate transactions are all waiting on the Certificate.
Common Mistakes That Cause Delays
Incorrect asset valuation. Underestimating estate value to reduce EAT exposes the executor to personal liability and penalties on the Estate Information Return, or if an estimate is provided, not filing a signed Undertaking.
Filing without the original Will. Courts won't accept a photocopy without a separate court order.
Notifying beneficiaries after filing. The affidavit of service must be filed with the application, not after it.
Distributing assets too early. Paying beneficiaries before debts are settled can make the executor personally liable for any shortfall.
Name inconsistencies across documents. The Will, death certificate, and affidavits must all refer to the deceased, beneficiaries, and estate trustee consistently. If a person is identified by different names across documents (such as a middle name used in one place and omitted in another), the court may raise the issue and require those names to be properly listed as aliases before proceeding.
Do You Need a Lawyer to Probate a Will in Ontario?
Executors can apply without a lawyer, but that doesn't make it straightforward.
The application must be correct before the court accepts it. Beneficiary notices must be served in the right order. The asset estimate must be defensible. Every form must be properly completed and sworn. A single error, be it a missed beneficiary, an an incorrectly sworn affidavit, referring to the deceased with their middle name on one document but not the other, can result in the application being delayed or rejected.
A lawyer catches those problems before they become an issue, guides the process from notice to filing, and ensures the application is accepted the first time. That lawyer will also keep a channel of communication open with the courthouse to handle any additional requests or questions from the Estates office. For most executors, that is faster and considerably less stressful than navigating a rejection mid-process.
It's also worth knowing: legal fees for estate administration are an estate expense. They come out of the estate, not your own pocket.