Do I need probate in Ontario?

Not always. Probate (a Certificate of Appointment of Estate Trustee) is required when financial institutions or land registry offices won't release assets without it. If the estate consists mainly of assets with named beneficiaries, jointly held property, or accounts under $50,000 at institutions that waive probate for small estates, you may not need it.

How much does probate cost in Ontario?

Ontario charges Estate Administration Tax (EAT) of approximately $15 per $1,000 of estate value over $50,000. For example, a $500,000 estate pays roughly $6,750 in EAT. There are also court filing fees of $400. The total cost of probate in Ontario is often $5,000–$15,000+ for mid-sized estates.

What assets don't require probate in Ontario?

Assets that typically pass outside the estate and don't require probate in Ontario include: jointly held property (passes to the surviving owner), registered accounts like RRSPs, RRIFs, TFSAs, and life insurance with named beneficiaries, and pension plan death benefits with designated beneficiaries.

How long does probate take in Ontario?

Probate in Ontario currently takes approximately 2–6 months from the date of filing, depending on the complexity of the estate and the workload of the Ontario Superior Court of Justice. Incomplete applications or errors can add months to the timeline.

What is a small estate in Ontario?

Ontario introduced a simplified small estate process in 2022 for estates where the total value of assets requiring probate is $150,000 or less. Executors of qualifying small estates can use a simplified court application (Form 74.1A) that is faster and less expensive than the standard probate process.

Do You Actually Need Probate in Ontario? A Practical Decision Guide

One of the most expensive mistakes an executor makes is applying for a Certificate of Appointment when the estate didn't require one. Here's how to decide — before you pay $1,500 in tax and wait months for a certificate you never needed.

What probate actually means in Ontario

In Ontario, "probate" means applying to the Superior Court of Justice for a Certificate of Appointment of Estate Trustee. This certificate does two things: it confirms the will is valid and it gives you legal authority to deal with the estate's assets.

Despite what many people assume, probate is not automatic. It is not required for every estate. Whether you need it depends almost entirely on what assets are in the estate and whether the institutions holding those assets will release them without a certificate.

When probate is required

Ontario's government identifies the following as the main situations that typically require a Certificate of Appointment:

Probate is likely required when the estate includes:

Real property (land or a house) held solely in the deceased's name
Real property that must be sold — a Certificate should be obtained before signing any Agreement of Purchase and Sale
Financial accounts where the bank requires proof of legal authority before releasing funds
A dispute about who should be the estate trustee
A dispute about the validity of the will
Beneficiaries who cannot provide legal consent (minors, incapable adults)

When probate may not be required

Many assets pass outside the estate entirely and never require probate regardless of the estate's size. These are the most common examples:

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Assets that typically bypass probate:

RRSPs, RRIFs, and TFSAs with a named beneficiary — pass directly to the beneficiary
Life insurance policies with a named beneficiary — paid directly, no court involvement
Bank accounts held jointly with right of survivorship — pass automatically to the surviving owner
Real property held jointly with a spouse as joint tenants — transfers by survivorship
Small estates under $150,000 — can use the simplified Small Estate Certificate process instead

The small estate process

If the total estate value is $150,000 or less, you can apply for a Small Estate Certificate — a simplified, lower-cost process. The Estate Administration Tax is still payable, but the application itself is simpler and faster than the full Certificate of Appointment process.

The real question to ask

Before filing any probate application, contact every institution holding estate assets and ask directly: "Will you release these assets / transfer this property to the executor without a Certificate of Appointment?"

Many financial institutions will release accounts with modest balances on presentation of a death certificate and a copy of the will alone. Others have firm policies requiring a Certificate regardless of the amount. The answer varies by institution and by the size and type of the account.

Real property is different — the Land Registry Office in Ontario requires a Certificate of Appointment before transferring title to a sole-owner property. If the estate includes real estate in the deceased's name alone, probate is almost always necessary.

What probate costs in Ontario

If you do need to apply, understanding the cost helps you plan. The main cost is the Estate Administration Tax — not a court fee, but a provincial tax.

Estate Administration Tax calculation

On the first $50,000 of estate value$5 per $1,000

On the amount over $50,000$15 per $1,000

Example — $500,000 estate$6,990

Example — $1,000,000 estate$14,500

In addition to the EAT, there is a court filing fee of $155 for the probate application. If you hire a lawyer to prepare the application, legal fees typically range from $1,500 to $3,500 for a straightforward estate.

Not sure if your estate needs probate?

Estate Co-Pilot's 7-question screener analyses your specific assets and tells you exactly whether probate is required — before you file anything or pay any tax. Launching soon for Ontario.

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The two most common mistakes

Mistake 1 — Applying when it isn't needed. Executors who assume probate is always required file the application, pay the EAT, wait 2–4 months for the Certificate, and then discover the bank would have released the accounts without it. The EAT is not refundable.

Mistake 2 — Skipping it when it is needed. Executors who try to avoid probate on a property estate find that the Land Registry Office will not process the transfer, banks refuse to release accounts, and the whole process stalls for months anyway — except now they are behind schedule on every other deadline too.