Probate lawyers in Toronto
Named as an estate trustee? We prepare and file the court application, deal with the paperwork, and keep you informed until the certificate is in your hands.
You are named in the Will, but the bank, brokerage or land registry will not act until the court confirms your authority. That confirmation is probate.
Someone has to apply to the court to be appointed, usually with the consent of the family and sometimes a bond. We work out who can apply and what the court will need.
Smaller estates can use the Small Estate Certificate, a simpler court process with less paperwork. We will tell you whether it fits.
Property in the deceased's name usually needs probate before it can be sold or transferred. We handle the application and the real estate side under one roof.
Fees
Fixed fees for the court application, confirmed in writing before we start. Our fees are normally paid from the estate, not by you personally.
Not included in our fee
Estate Administration Tax, court filing fees and any bond premium are paid separately by the estate. The tax is nothing on the first $50,000 and $15 for every $1,000 above that. Estimate it with our calculator.
| Service | Fee (+ HST) |
|---|---|
|
Small Estate Certificate For estates valued at $150,000 or less, using the simplified court procedure |
$1,950 per estate |
|
Probate Application with a Will Certificate of Appointment of Estate Trustee With a Will, from review of the Will to the issued certificate |
$2,500 per estate |
|
Probate Application without a Will Certificate of Appointment of Estate Trustee Without a Will, including consents and any bond requirements |
from $3,250 |
|
Estate Administration Support Guidance after the certificate issues: collecting assets, paying debts, clearance and distribution |
Quoted hourly or fixed |
How it works
A 30-minute call about the estate. We confirm whether probate is needed, which application fits, and what the fee will be.
We collect the original Will, the death certificate and information about the assets, and prepare the estimate of the estate's value that the tax is based on.
Before anything is filed, the beneficiaries must receive notice of the application. We prepare and serve it, and swear the proof of service.
You review and sign the application, and we file it with the Superior Court of Justice along with the tax payment. We answer any questions from the court office.
We send the certificate to the banks and institutions that need it, file the Estate Information Return within 180 days, and help you with the rest of the administration.
Your lawyer
You deal with me directly, from the first call to the day the certificate issues. Ontario Lawyer since 2012. JD/BCL, McGill University. Certificate in Estate Litigation, Osgoode Professional Development.
About the firmCommon questions
Once the application is filed, the Toronto court currently takes anywhere from 3 to 8 months to issue the certificate, sometimes longer. A complete, correct application avoids being sent back to the end of the line. After the certificate issues, administering the estate usually takes about a year.
There is no tax on the first $50,000 of the estate. Above that, it is $15 for every $1,000 (1.5%). An estate worth $850,000 would pay about $12,000. The tax is paid by the estate when the application is filed. Try our calculator.
No. Assets held jointly with a right of survivorship, and registered accounts or life insurance with a named beneficiary, usually pass outside the estate. Probate is generally needed for real estate in the deceased's name alone and for bank or investment accounts above the institution's limit. We will tell you at the consultation whether you need it.
Legal fees for probate and administration are an estate expense, so they are normally paid from the estate rather than by you personally. If the estate's funds are not yet accessible, we will discuss timing with you at the consultation.
Yes, you can. The difficulty is that the court returns applications with errors, such as a missed beneficiary, an incorrectly sworn affidavit or a name spelled differently from one document to the next, and each return can add weeks or months. A lawyer catches those problems before filing.
Yes. Most of the work happens by phone, email and video, and documents can be signed remotely. We act for estate trustees across Ontario and for family members living elsewhere.
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Book a free 30-minute call. We will tell you what the estate needs, how long it should take and what it will cost.
