Need probate help?
Probate is the legal process of validating a will and administering a deceased person’s estate, including settling debts, taxes, and distributing assets to beneficiaries. Our firm can assist with applications for a Certificate of Appointment of Estate Trustee (with or without a will). Please note that we do not manage the distribution of estate assets.
Key Information:
Timeline for settling an estate: in Ontario, there is no strict deadline to settle an estate, but executors are generally expected to complete the process within one year (commonly referred to as the "executor’s year"). Complex estates may take longer.
Certificate of Appointment of Estate Trustee: this certificate grants the legal authority to manage and distribute the estate. It is often required to access or transfer assets, such as real estate, bank accounts, and investments that were solely in the deceased’s name.
Probate fees (estate administration tax): Ontario charges approximately 1.5% on the value of the estate over $50,000. Assets that pass directly to beneficiaries, such as jointly held property or insurance proceeds with designated beneficiaries, are generally not subject to probate. (Consult your lawyer)
Debts and taxes: before any distribution of assets can occur, the executor is responsible for ensuring all debts, taxes, and expenses associated with the estate are paid. This may involve filing tax returns for the deceased and addressing any outstanding liabilities.
For more information or to discuss your probate needs, feel free to contact us.
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For a more simplified and organized estate administration process, check out our firm's checklist (PDF) used by our very own lawyers during intake.
Note that the checklist is just that - a checklist and not legal advice.
As an executor or estate trustee, you may opt for extra protection by consulting a lawyer to better understand your duties and assist you with preparation of all necessary court documents and calculation of the probate fee.
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The costs associated with probate can vary depending on factors such as the complexity of the estate and the value of the assets involved. In general, probate expenses can range from a few thousand dollars to a significant percentage of the estate's value. It is important to note that legal fees are typically paid from the estate itself before the remaining assets are distributed to beneficiaries.
Common expenses, i.e. disbursements, may include court filing fees, appraiser fees, courier/process server fees, and other administrative costs.
To provide you with an estimate of legal fees (disbursements NOT included) for obtaining probate only, see below:
$1,900 + HST if estate value is below $150,000 and original will is available
$2,600 + HST if estate value is above $150,000 and original will is available
If estate matter is complex, e.g. rush application, missing will, renunciation of co-trustee, multiple beneficiaries, estate value unknown, or deferral needed, then additional work is charged at the hourly rate of $325/hr. Above packages do not include distribution to beneficiaries.
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Generally speaking, probate cannot be rushed. A number of factors affect its timeline:
How long it takes you to gather all necessary documents (e.g. locating the will, etc.)
Urgency, e.g. approaching real estate closing
Value of the estate - smaller estates are processed by the Estate List far more quickly (~5 business days) than larger estates which may take weeks or even months depending on the backlog. **Expect longer delays after Covid-19 pandemic
Availability of witnesses, contact information of beneficiaries for notice, and other unique circumstances of the estate
Probate Tax Calculator tool gives an estimate of the probate tax in Ontario. Consult our lawyers at Hosseini & Hosseini LLP for personalized advice. Use of this calculator does not guarantee accurate or applicable results.