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Navigating probate in Ontario can be overwhelming. Our estate lawyers handle Certificate of Appointment applications, tax filings, creditor notices, and asset distribution so you can focus on your family.
Book My 15-Minute Assessment →As estate trustee, you have legal obligations under the Estates Act, the Trustee Act, and the Estate Administration Tax Act. Lexaltico LLP ensures you meet every requirement and avoid personal liability.
No. Probate (a Certificate of Appointment of Estate Trustee) is only required when the estate includes assets that third parties will not release without it. Common examples include real property owned solely by the deceased, bank accounts above certain thresholds (which vary by institution), and investment accounts.
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Probate in Ontario is the legal process of validating a will and confirming the authority of the estate trustee (executor) to administer the estate. The formal name for this process is an application for a Certificate of Appointment of Estate Trustee. If the deceased had a will, the application is for a Certificate of Appointment of Estate Trustee With a Will. If the deceased died without a will, it is for a Certificate of Appointment of Estate Trustee Without a Will. In both cases, the application is filed with the Superior Court of Justice.
Not every estate requires probate. Probate is typically necessary when the deceased owned real property in their sole name, held bank accounts or investments that the financial institution requires probate to release, or when there are disputes about the validity of the will. Assets held in joint tenancy, assets with named beneficiaries (such as RRSPs, TFSAs, and life insurance policies), and assets covered by a secondary will under a multiple wills strategy generally do not require probate.
At Lexaltico LLP, our probate lawyers guide estate trustees through every step of the process. We prepare and file the application, calculate and remit the Estate Administration Tax under the Estate Administration Tax Act, 1998, publish the required notice to creditors, and assist with all aspects of estate administration. Whether you are a first-time executor dealing with a straightforward estate or a professional trustee managing a complex multi-jurisdictional estate, we provide the legal experience to ensure you fulfill your duties correctly and avoid personal liability.
The Estate Administration Tax (commonly called probate fees) is a tax payable when an estate trustee applies for a Certificate of Appointment. Under the Estate Administration Tax Act, 1998, the tax is calculated at $5 per $1,000 (0.5%) on the first $50,000 of estate value and $15 per $1,000 (1.5%) on estate value above $50,000. For a $1-million estate, the tax is approximately $14,500. This tax is based on the total value of assets included in the application, which is why proper estate planning, including the multiple wills strategy, can significantly reduce the amount payable.
The estate trustee must file an Estate Information Return with the Ministry of Finance within 180 calendar days after the Certificate of Appointment is issued. This return provides a detailed inventory of the estate’s assets and their values at the date of death. The Ministry may audit the return and assess additional tax, interest, or penalties if the estate value was understated. Accurate asset valuation is therefore critical, and our lawyers ensure that all assets are properly valued using appropriate methodologies.
For estates where the deceased had done advance planning, the Estate Administration Tax may be minimized through several legitimate strategies: the multiple wills technique (keeping assets that do not require probate out of the primary will), joint ownership of assets with right of survivorship, beneficiary designations on registered accounts and insurance policies, and inter vivos trusts. If the deceased did not plan in advance, our focus shifts to ensuring the estate is valued correctly and that all available deductions are applied. Contact Lexaltico LLP to discuss your estate administration needs.
Serving as estate trustee is a serious legal responsibility. Under the Trustee Act and common law, an estate trustee owes fiduciary duties to the beneficiaries, including duties of loyalty, impartiality, and prudent management. You must locate and secure all estate assets, pay all valid debts and liabilities, file the deceased’s final income tax returns and any trust returns, distribute assets in accordance with the will (or the intestacy rules if there is no will), and maintain accurate records of all transactions.
One of the most important steps is publishing a notice to creditors under section 53 of the Trustee Act. This notice, typically published in the Ontario Gazette and a local newspaper, gives creditors at least 30 days to submit claims against the estate (though best practice is to wait 90 days before distributing). An estate trustee who distributes assets without proper notice to creditors may be personally liable for any valid claims that surface after distribution. Our lawyers ensure this and every other procedural requirement is met.
Estate administration also involves practical steps that many first-time executors find overwhelming: cancelling services and subscriptions, notifying government agencies (CPP, OAS, CRA), transferring vehicle ownership, managing real estate, dealing with digital assets, and resolving disputes among beneficiaries. An estate trustee is entitled to compensation under the Trustee Act (typically 2.5% each on capital receipts, capital disbursements, and revenue receipts, plus a care and management fee), but must account to the beneficiaries for all actions taken. Lexaltico LLP provides comprehensive support at every stage. Book your consultation at our 55 University Avenue office to get the guidance you need.
Use our Ontario Probate Fee Calculator for an instant estimate based on Ontario law. Takes under a minute, and you can have a detailed breakdown emailed to you.
An Ontario certificate does not automatically allow an estate trustee to deal with assets in another country. Estates with assets in more than one country explains situs, multiple wills and foreign recognition.
Our lawyers offer a 15-minute initial assessment for most matters. Call, email, or book online. Do not sign anything before speaking with us.
55 University Ave, Suite 1100
Toronto, ON M5J 2H7
2 Sheppard Ave East, Suite 303, Toronto, ON M2N 5Y7
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Lexaltico LLP
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