Cross-Province Probate (Resealing Probate in Ontario)
Handling Estates With Cross-Province (Ontario and Other Canadian Provinces)
In a situation where a deceased owns assets in multiple provinces, it is important to note that the issuance of probate in one province is not automatically recognized in Ontario. In such a case, a court process known as resealing probate in Ontario may be required to allow dealing with assets in Ontario. A resealing scenario typically involves a probate grant issued in another province, which is then used to request that an Ontario court “reseal” this grant so that it can be utilized for assets in Ontario and so that this “resealing” of the grant can be recognized by institutions and land registry offices in Ontario.
However, not every cross-province estate requires a resealing application. Sometimes, no probate or estate authority is needed in the home province. If this is the case, a different process is required to be followed prior to dealing with Ontario-based assets. Our firm can also assist in this scenario. Our law firm regularly assists executors and lawyers from Alberta, British Columbia, Nova Scotia, New Brunswick and other Canadian common law provinces, and many of these matters can be handled remotely with our cross-province probate in Ontario.
What is the Resealing of Probate in Ontario
Resealing of probate is a formal court application in Ontario that requires proper legal steps and documentation to be followed. It is not simply an administrative step and requires compliance with the court rules and filing of appropriate materials and taxes in the respective Ontario court where resealing of probate is being sought.
Common situations requiring resealing of probate in Ontario:
Resealing may arise where:
- The deceased lived in another province but held Ontario-based assets at death.
- The deceased owned real estate in Ontario, but probate was granted in another province.
- Financial institutions or Ontario land registrars require a grant that has been recognized in Ontario.
- An executor requires legal authority in Ontario to deal with the sale or transfer of certain assets under the name of the deceased.
Do You Need an Ontario or
a Resealing Grant of Probate?
The facts of each file will dictate whether a new Ontario grant will be required or whether resealing may be available as an alternative.
While several factors matter, the adopted path may depend on:
- The province in which the original resealing foreign grant of probate was issued.
- The type of assets that are involved.
- The location of the assets.
Our role is to review and assess the estate structure, including the assets involved, and guide executors to the most appropriate path available in Ontario.
Coordination Between Multiple Parties Across Provinces
Estates that involve multiple provinces often have representatives such as lawyers, accountants, and executors working on the matter together. It is critical that the parties understand their respective roles and responsibilities in order to ensure the process unfolds in a predictable manner.
Our office assists out-of-province lawyers to:
- Ontario bank accounts with various institutions
- Ontario real estate property
- Investment accounts
- Cottages / vacant land
- Assets that are solely in the deceased’s name
- Other Ontario estate assets requiring court-recognized authority
The key is to ensure that a coordinated approach is adopted at the outset, and all parties are introduced and aligned. This coordinated effort helps minimize delays and allows for efficient estate administration.
Our Involvement as Ontario Lawyers
We assist executors and out-of-province lawyers with:
- Assessing whether the resealing of Ontario probate is appropriate.
- Reviewing documents and grants issued out of province to ensure
they are compliant in Ontario. - Reviewing any real estate assets and assisting in arrangements to have the documents transferred after completion of the resealing process.
- Preparation of Ontario resealing application.
- Guidance on documentation and supporting material required from the province that issued the original resealed grant of probate.
- Supporting all parties to understand the steps and timeline involved.
Common Resealing Scenarios
A transaction in Ontario requires a grant from another Canadian province to be recognized.
An estate trustee outside Ontario is handling an estate with assets in multiple provinces, including Ontario, and requires parties to coordinate with efficiency.
Probate has been approved in another province, and a resealing in Ontario is required to sell or transfer real estate.
Contact a Probate Lawyer Who Focuses on Resealing
If you have any questions regarding an estate with cross-province elements, we can assist in determining the proper approach and assist in handling the matter from start to finish. Please feel free to contact us for a no-obligation consultation.
Typical Ontario Resealing Matters We Assist With
Ontario probate resealing applications most commonly arise where the estate owns Ontario-based assets such as real estate, bank accounts, and investment accounts, and the estate authority or probate has already been issued in another Canadian common-law province. We assist executors and their advisors from British Columbia, Alberta, Nova Scotia, New Brunswick, Manitoba, Saskatchewan, Prince Edward Island, and Newfoundland and Labrador with the Ontario resealing process.
Our office assists out-of-province lawyers to:
- Ontario Cottage dealing by an Executor from Alberta
A family member dies in Alberta while owning a cottage in Ontario. The Probate grant has already been issued in Alberta, but the executor requires Ontario court approval prior to selling the Ontario cottage.
- Estate from British Columbia with Ontario Assets Involved
The deceased was a resident of British Columbia but owned assets in Ontario, such as real estate, bank accounts or other investments. The institutions in Ontario require approval to be sought from the Ontario courts before allowing any dealing with the assets.
- Nova Scotia Probate, Ontario Real Estate
Probate has been issued in Nova Scotia for local assets, but the property in Ontario remains in the name of the estate, thereby requiring an Ontario resealing to be completed prior to the completion of a transfer, sale or other dealing with the property.
- Out-of-Province Lawyers and other Advisors
An out-of-province lawyer assisting with an estate requires an Ontario law firm to assist with Ontario-specific court requirements and procedures in order to allow the administration of Ontario assets.
- Estates Involving Multiple Provinces
An estate contains assets in multiple provinces. We assist lawyers and executors in handling the Ontario portion of the estate administration process while coordinating, as appropriate, with out-of-province counsel and executors.
Why Out-of-Province Executors and Their Lawyers Contact
VRS Law for their Resealing Needs
Our office regularly assists executors outside Ontario but needs quick and efficient guidance in navigating the Ontario probate process. Our team is experienced in out-of-province probate in Ontario and can handle the estate matters remotely, without the need to travel to Ontario and often in collaboration with the lawyer in the home province.
Does Your Estate Require a Regular Ontario Probate?
If the estate involves Ontario assets and the deceased was an Ontario resident, a regular Ontario-only probate process may be required rather than an ancillary or resealing application. For more information about Ontario probate and estate administration, please visit our Ontario probate page.
U.S. Estates and Ontario Assets (Cross Border Probate)
In a situation where there are Ontario assets but the original estate grant was issued in the United States, a different process, known as Cross-Border (Aka Ancillary Probate) probate, may be required. Our firm regularly assists U.S. Executors and U.S. Attorneys with these matters involving Ontario assets such as bank accounts, investments and real estate. To learn more, please visit our Cross-Border probate page.
Frequent Asked Questions
To allow dealing with Ontario-based assets, Ontario institutions such as land registry offices, financial institutions, and various other organizations will typically require that some formal authorization be obtained from an Ontario court. They may not simply recognize the non-Ontario probate and instead may require that it either be “resealed” by an Ontario court or an Ontario probate be granted prior to allowing any access to, transfer, or sale of the respective assets.
The availability of resealing depends on various factors, including the requirements of the institution or transaction in question. Our office helps both executors and out-of-province lawyers determine whether a resealing application in an Ontario court may be suitable in the circumstances.
Yes, in certain situations, an executor may already have an existing probate from another province. This probate may then be “resealed” in Ontario rather than requiring a new Ontario probate application.
Note that resealing may not be required or suitable in all circumstances, and the input from the institution in control of the asset will be important. Our law office reviews the requirements along with the structure of the estate to determine the best approach available.
If the deceased owned a property in Ontario solely under his or her name, the land registry office may require a court-recognized grant from Ontario prior to allowing dealing with the property by way of a sale, transfer, or otherwise. As a result, this may require an Ontario resealing application or an originating Ontario application. Yes, our office can assist with both the resealing and subsequent sale or dealing of the property connected to estate administration.
As is the case with Ontario-only probate applications, processing times can vary based on the originating jurisdiction, the location of the court, the nature and complexity of the assets, and staffing availability at the courts. Court timelines can fluctuate over time; our office makes every effort to initiate and put together documents to minimize delays where possible.
The documents required may vary depending on the estate and jurisdiction involved; however, materials commonly requested include
* Copies of the original out-of-province probate grant
* Copies (notarized, if possible) the original will and any codicils
* Death certificate
* Information / statements related to the Ontario assets
* Supporting court materials from the originating jurisdiction
Depending on the nature of the estate, additional documents may also be required.
In many situations, an out-of-province executor may be able to act in Ontario. This is in fact what the resealing of the out-of-province probate allows. Once obtained, it is important to note that this “resealing” approval is limited to Ontario-based assets.
Yes, it is often the case that out-of-province law firms reach out to us in order to assist a client dealing with assets in Ontario. Our office regularly communicates with out-of-province lawyers, executors, and other advisors (such as accountants) in relation to Ontario estate assets involving resealing of probate in Ontario.
In our experience, it is often helpful for the law firm (lawyer and staff) to be connected with each other as early as possible. The ongoing communication between counsel and their staff allows documentation to be exchanged efficiently and helps keep the matter progressing smoothly.
Ontario imposes a tax called the Estate Administration Tax (“EAT”), sometimes informally referred to as the probate tax, which may be payable on the estate assets in Ontario. This is generally applicable to regular Ontario-only probate applications and resealing applications as well but is limited to Ontario-based assets.
The estate tax calculator link is on the Ontario Ministry of Finance website as of the date of this publication.
Our law office helps clients review the Ontario assets and provide guidance in relation to the estate administration tax.
Yes. The resealing requirements can vary depending on the province or jurisdiction where the original grant was issued. Our Ontario-based law firm assists clients with probate resealing matters involving grants from all Canadian provinces and territories, including Alberta Probate, British Columbia Probate, Saskatchewan Probate, Manitoba Probate, and Nova Scotia Probate, among others.
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