Find the right Ontario estate court and lawyer.
Access the information you need to navigate Ontario's courts, wills, estate administration, and probate process with confidence.
Search Now!Find Your Probate Courthouse
Enter your Ontario address to find the appropriate probate courthouse for your location. This tool helps you identify which courthouse and lawyer(s) handles estate matters in your area.
Common Ontario Estate Questions
Yes, having a will ensures your wishes are followed after your death. Without one, Ontario law decides who gets your property, which may not reflect your intentions.
If there's no will (called dying intestate), Ontario's Succession Law Reform Act decides how the estate is divided. Generally, it goes to the spouse and children first, then to other relatives if needed.
Probate is the court process that confirms a will is valid and gives someone the legal authority to act as the estate trustee (executor). In Ontario, this is called applying for a "Certificate of Appointment of Estate Trustee."
Not always. Small estates, joint assets, or assets with named beneficiaries (like life insurance or RRSPs) may not need probate. However, many financial institutions require probate before releasing funds.
Timelines vary. It can take a few weeks to several months, depending on the court's backlog and complexity of the estate.
Ontario charges approximately:
• $0 on the first $50,000 of estate value
• 1.5% on the value over $50,000
Some small estates (under $150,000) may qualify for a simplified process.
The executor handles:
• Locating the will
• Applying for probate (if needed)
• Managing assets and debts
• Paying taxes
• Distributing the estate to beneficiaries
For simple estates, it may be possible. However, probate, taxes, and legal rules can be complex. Many people hire a lawyer to avoid mistakes and delays.
Not automatically. Unlike married spouses, common-law partners do not have the same inheritance rights under Ontario law unless named in a will or owning joint property.
You can:
• Consult an estate lawyer
• Visit the local courthouse for forms and information
• Use online resources (like this site) to understand the basics
Ontario Estate Checklist
What to do when managing an estate
Download PDFImmediately After Death
- Locate the will and any related documents
- Decide if you want to act as executor (you are not required to)
- Arrange the funeral and burial/cremation
- Obtain official proof of death (usually from the funeral home)
- Secure property, valuables, pets, and any at-risk assets
- Start keeping detailed records of all actions and expenses
Within the First 30-60 Days
- Collect information on assets, debts, and income sources
- Confirm details about beneficiaries, including minors or dependents
- Consult with a lawyer familiar with estate matters
- Understand the terms of the will and who inherits what
- Arrange for valuations of major assets (property, investments, etc.)
- Notify relevant organizations (Canada Revenue Agency, Service Ontario, banks, etc.)
- Retain an accountant if needed
Probate & Legal Steps
- Determine if probate is required (many estates need this)
- Apply for probate (Certificate of Appointment of Estate Trustee) if necessary
- Open an estate bank account to manage estate funds
- Begin gathering and securing all assets
Within 6 Months of Death
- File the deceased's final tax return
- Manage debts, bills, taxes, and ongoing expenses
- Consider interim distributions to beneficiaries if appropriate
- Transfer or sell personal belongings and assets according to the will
After 12 Months (or When Ready)
- Obtain tax clearance from the CRA to confirm no taxes are owing
- Prepare a final accounting of the estate for beneficiaries
- Complete final distributions to beneficiaries
- Pay executor compensation (subject to taxes)
- Keep records of all receipts and signed releases
Ontario Probate Tax Calculator
Enter the total value of the Ontario estate on the date of death.
