Ontario Probate Lawyer

Probate is usually required where an asset (or assets) is held in the deceased’s sole name. An example of this may be a real estate property solely under the deceased’s name or a bank or investment account. The institutions and land registry offices typically require confirmation of probate prior to allowing any dealings with such assets.

It is not necessary that an estate go through the probate process. It often comes down to the assets at hand. Sometimes an estate mainly has property that is jointly owned or beneficiary-designated, and these assets are known to typically bypass the probate process.

The timing of the probate process typically depends on the complexity of the estate and the backlog of the court in which the probate must be filed. However, the process can take several months, and it is best to be organized to get a good start.

In a scenario where a property is solely under the deceased’s name, probate is generally required prior to the transfer of the home. However, there are some preparatory steps that can be taken to minimize the time involved. We often work with real estate agents and executors to consider all the factors and plan out the best time to list the property for sale to minimize risks.

If the deceased had no will, the Succession Law Reform Act governs who has the authority to deal with the estate, along with who may be entitled to the same. Where there are assets that require a formal probate process, the court, upon receipt of an application for a certificate of estate trustee without a will, may appoint an ‘administrator’ to deal with the estate.

Along with legal fees and disbursements, Ontario charges an estate administration tax based on the value of the estate assets.

The executor holds a critical role in an estate. This role involves identifying all the assets and debts and paying any taxes owed by the estate. The executor may also deal with professionals such as lawyers, accountants, realtors, and other advisors in the performance of their role. The role carries serious legal responsibility and liability and requires detailed recordkeeping.

The main items required would be the original will, a death certificate, and a list of the assets and liabilities of the deceased. Locating the details early can assist in saving time in the probate process.

If there are non-Ontario assets, it often leads to added steps. This may require obtaining a grant from another jurisdiction (province of another country). It may also require approaching professionals licensed in that jurisdiction. Our office provides cross-province and cross-border probate services and coordinates with non-Ontario counsel on a regular basis.

It is important to have guidance as early as possible, as the estate process can vary based on the assets, jurisdiction, nature of the will, and beneficiary entitlements. This can help avoid delays and disputes later on in the process.

We offer a free initial probate phone call to understand the nature of the estate and its requirements. We are then able to give a general guideline as to the steps that may be involved.