Make My Will

Follow us on :

Estate Administration

Probate Process

Understanding the Steps Involved in the Probate Process in Ontario

Probate is the legal process through which a deceased person’s will is validated and their estate is administered. In Ontario, this process involves several steps:

Filing the Application

The executor must file an application with the court to obtain a Certificate of Appointment of Estate Trustee.

Paying Estate Administration Tax

The executor must calculate and pay the estate administration tax based on the value of the estate.

Inventory and Appraisal

The executor must inventory the deceased’s assets and obtain appraisals if necessary.

Notifying Beneficiaries and Creditors

The executor must notify all beneficiaries named in the will and any known creditors.

Distributing Assets

After debts and taxes are paid, the executor distributes the remaining assets according to the will.

Executor Duties​

Understanding the Steps Involved in the Probate Process in Ontario

Probate is the legal process through which a deceased person’s will is validated and their estate is administered. In Ontario, this process involves several steps:

Locating and Reading the Will

Ensuring the will is located and understood.

Managing Assets

Safeguarding and managing the estate’s assets.

Paying Debts and Taxes

Settling any debts and paying necessary taxes.

Communicating with Beneficiaries

Keeping beneficiaries informed throughout the process.

Final Distribution

Distributing the estate’s assets according to the will.

Estate Administration Tax

Overview of the Taxes Applicable to an Estate

Estate administration tax, formerly known as probate fees, is calculated based on the value of the estate. In Ontario:

Tax Rate

The tax is $15 for every $1,000 of estate value over $50,000.

Exemptions

Certain assets, like those jointly owned with a right of survivorship, may be exempt from this tax.

Payment

The tax must be paid upfront when applying for probate.

Related Topics

legal-consultants-notary-or-justice-lawyer-discussing-contract-document-on-desk-with-client-custome.jpg

Trusts

Trusts are versatile tools used in estate planning to manage assets and provide for beneficiaries.
couple-buying-new-apartment-house-agent-showing-documents-blueprints.jpg

Guardianship

Guardians ensure the well-being and manage affairs for those unable to do so themselves.
Two businesswomen with pens pointing at contract while one of them going to put signature after reading the document

Advanced Directives

A Living Will outlines preferences; Medical Power of Attorney appoints decision-makers if incapacitated.