Probate in Ontario, Explained

What probate is

In Ontario, "getting probate" means applying to the Superior Court of Justice for a Certificate of Appointment of Estate Trustee. If there's a will, it's a certificate "with a will". If there isn't, it's "without a will". The certificate is the proof that banks, investment firms and the land registry office look for before they'll hand over money or transfer property.

Do you need it?

It depends on what the person owned and how they owned it. Each bank or institution decides what it needs, so ask.

Probate is often needed when:

• Real estate is in the person's name alone
• Bank or investment accounts are in their name alone, especially larger ones
• There's no will
• There's a dispute about the will, or someone may challenge it

Probate is often not needed for:

• Assets owned jointly "with right of survivorship", which usually go straight to the surviving owner
• Life insurance, RRSPs, RRIFs, TFSAs and pensions with a living named beneficiary (other than "the estate")
• Small accounts that a bank agrees to release without it, often in exchange for a signed indemnity

What it costs: the Estate Administration Tax

Ontario charges an Estate Administration Tax, which most people call "probate fees", when the certificate is issued:

• $0 on the first $50,000 of the estate's value
• $15 for every $1,000, or part of $1,000, above $50,000 (about 1.5%)

What counts toward the value:

• Everything that passes through the will, valued on the date of death
• Real estate in Ontario, less any mortgage registered on that property

What doesn't count:

• Assets that pass outside the estate, such as joint assets with right of survivorship and anything with a named beneficiary
• Real estate outside Ontario

Other debts, like credit cards or an unsecured line of credit, generally can't be subtracted when calculating the tax.

Small estates (up to $150,000)

Since April 1, 2021, estates worth $150,000 or less can use a simpler process and get a Small Estate Certificate. It works whether or not there's a will.

• The forms are simpler.
• The executor's authority covers only the assets listed in the application, so list everything.
• If more assets turn up and the total stays within $150,000, you can apply to amend the certificate. If it goes over, you'll need the regular process.
• A bond generally isn't required unless a beneficiary is a minor or isn't mentally capable.
• The Estate Administration Tax still applies to the value above $50,000.

How to apply

1. Gather the original will and any codicils, proof of death and a list of assets with their values on the date of death.
2. Complete the court application forms. Ontario updated its estate court forms in August 2025, so make sure you're using the current versions from the Ontario Court Forms website.
3. Give notice to the beneficiaries and anyone else entitled to it.
4. File with the Superior Court of Justice in the area where the person lived. Applications can be filed in person, by mail or by email.
5. Pay the Estate Administration Tax when you file, based on your best estimate of the estate's value.
6. Wait for the certificate. Timing varies a lot from court to court, from several weeks to several months, so plan for it.

After the certificate: the Estate Information Return

Within 180 calendar days after the certificate is issued, the executor must file an Estate Information Return with Ontario's Ministry of Finance. It lists the estate's assets and their values. You have to file it even if no tax was owing, and it can be filed online.

If you later discover more assets or find that a value was wrong, file an amended return within 60 days of finding out. If more tax is owing, it's paid to the court that issued the certificate.

Bonds

In some situations, the court asks for a bond, which works like an insurance policy protecting creditors and beneficiaries. It comes up most often when there's no will or when the executor lives outside Ontario. It can sometimes be reduced or waived. Your lawyer will know whether it applies.

Can you reduce probate fees?

There are legitimate ways to keep assets out of the estate, which can also speed things up for your family:

• Naming beneficiaries on life insurance, RRSPs, RRIFs, TFSAs and pensions
• Using life insurance to cover taxes and leave money directly to the people you choose
• Using a second will for assets that don't need probate, such as shares of a private company (a common strategy for business owners)
• Joint ownership, which can work but comes with real risks: you can lose control of the asset, it can be exposed to the other owner's creditors or a separation, and when an adult child is added as a joint owner, the law can presume it was meant for the estate rather than as a gift to that child. Get advice before doing this.

Plan ahead for your own family