Probate is the court process used to confirm who has legal authority to deal with a deceased person’s estate. In Ontario, this is usually done by applying to the Superior Court of Justice for a Certificate of Appointment of Estate Trustee. For some estates valued at $150,000 or less, Ontario also requires a Small Estate Certificate process.
If you have been named as an estate trustee, there may be court forms, supporting documents, tax filings, and deadlines to address.
Ibitoye Law can assist with:
- Reviewing the will
- Confirming the estate trustee’s role
- Preparing court materials
- Probate
- Addressing Ontario’s Estate Administration Tax
In Ontario, no Estate Administration Tax is charged on the first $50,000 of estate value. For estates above $50,000, the tax is $15 for every $1,000 over that amount, and an Estate Information Return must be filed within 180 calendar days after an estate certificate is issued.
Reach Out to Ibitoye Law
Probate can come at a difficult time, and the process often involves important legal and financial responsibilities. At Ibitoye Law Office, we help estate trustees and families move forward with clear guidance and personal support. If you need help with probate in Toronto or the Greater Toronto Area, contact our office to schedule a consultation.
Probate in Ontario FAQ
In Ontario, probate is the court procedure used to give a person authority to act as estate trustee or to confirm that authority. The application is made to the Ontario Superior Court of Justice for a Certificate of Appointment of Estate Trustee or, where available, a Small Estate Certificate.
No. Ontario states that probate is not always required, and the type of assets in the estate usually determines whether an estate should go through probate.
Ontario calls this Estate Administration Tax. No tax is charged on the first $50,000 of estate value. For estates above $50,000, the tax is $15 for every $1,000 over that threshold. After the certificate is issued, the estate representative must file an Estate Information Return within 180 calendar days.
