Do I always need probate in Ontario?

Not always. Probate is usually required when a financial institution, land registry, or buyer needs proof of the estate trustee’s authority. Assets that pass by beneficiary designation or right of survivorship (jointly held) often do not require probate, but real estate held in the deceased’s name alone almost always does.

How much is Estate Administration Tax in Ontario?

There is no Estate Administration Tax on the first $50,000 of estate value, and $15 for each $1,000 (1.5%) above $50,000. The tax is based on the total value of the estate reported on the probate application.

How long does probate take in Ontario?

After a complete application is filed, the Superior Court of Justice typically issues the Certificate of Appointment within a few weeks to a few months, depending on the court location and whether the estate is contested.

Executor Services · Probate

Probate in Ontario: the executor’s guide

Reviewed by Angelos Spingos, Principal Lawyer, Spingos Law · Licensed by the Law Society of Ontario · Last reviewed July 7, 2026

If you have been named executor of an Ontario estate, “probate” is usually the first legal hurdle. Here is what it is, when you need it, what it costs, and how long it takes — in plain language.

What probate actually is

In Ontario, “probate” means applying to the Superior Court of Justice for a Certificate of Appointment of Estate Trustee — with a will if the deceased left one, or without a will if they did not. The certificate is the court’s confirmation that you have authority to deal with the estate. Banks, the land registry, and buyers of estate property generally rely on it before they will release funds or transfer title.

The process is governed by the Estates Act and Rules 74 and 74.1 of the Rules of Civil Procedure. Since 2022, most applications are filed on standard court forms and can be submitted electronically.

Small estates. For estates valued at $150,000 or less, Ontario offers a simplified “small estate” process (Rule 74.1) with a shorter application. It is worth checking whether your estate qualifies before starting the full process.

What Estate Administration Tax costs

Ontario charges Estate Administration Tax (still often called “probate fees”) on the value of the estate, under the Estate Administration Tax Act, 1998:

$0 on the first $50,000 of estate value; and
$15 per $1,000 (1.5%) on the value above $50,000.

So a $900,000 estate — common when the main asset is a GTA home — carries roughly $12,750 in Estate Administration Tax. You must also file an Estate Information Return with the Ministry of Finance within 180 days of the certificate being issued.

The steps, in order

Locate the original will and confirm you are the named estate trustee.
Inventory the assets and debts, and value the estate (including the home) as of the date of death.
Prepare and file the Application for a Certificate of Appointment, pay the Estate Administration Tax, and serve the beneficiaries.
Receive the certificate, then collect assets, pay debts and taxes, and — only then — distribute to beneficiaries.
File the Estate Information Return within 180 days.

The order matters: distributing before debts and taxes are addressed is one of the main ways an executor becomes personally liable.

Where the inherited home fits

If the estate’s main asset is a house, probate is usually the gate to everything else: you generally cannot sell an inherited house — or refinance it to buy out siblings — until the certificate is issued and title is dealt with. Planning the probate and the property decision together avoids weeks of avoidable delay. There may also be capital gains to account for from the date of death to the date of sale.

Common questions

Do I always need probate in Ontario?: Not always. Probate is usually required when a financial institution, land registry, or buyer needs proof of the estate trustee’s authority. Assets that pass by beneficiary designation or right of survivorship (jointly held) often do not require probate, but real estate held in the deceased’s name alone almost always does.
How much is Estate Administration Tax in Ontario?: There is no Estate Administration Tax on the first $50,000 of estate value, and $15 for each $1,000 (1.5%) above $50,000. The tax is based on the total value of the estate reported on the probate application.
How long does probate take in Ontario?: After a complete application is filed, the Superior Court of Justice typically issues the Certificate of Appointment within a few weeks to a few months, depending on the court location and whether the estate is contested.

General information for Ontario, not legal advice. Estate Administration Tax rates and filing deadlines are set by statute and can change — confirm current figures for your estate. Reviewed by Angelos Spingos, Spingos Law. Last reviewed July 7, 2026.