Probate in Ontario: a plain-words guide

Probate is the court’s stamp of approval. It certifies who has the legal power to handle a person’s estate — to collect their money, pay their bills, and pass on what’s left. In Ontario, the official document is called a Certificate of Appointment of Estate Trustee. Most people still just say “probate.”

Why you might need it

No law says every estate must be probated. What happens in practice: the people and institutions holding the estate’s assets decide what proof they need.

• Banks often freeze accounts when they learn of a death and ask for the certificate before releasing money — especially larger amounts. Each bank sets its own bar; there is no official dollar cut-off.
• The land registry almost always requires a certificate before real estate in the person’s sole name can be transferred or sold.
• Other holders — investment firms, insurers paying the estate itself — commonly ask for it too.

And you might not need probate when everything passes outside the estate: a home owned jointly with a surviving spouse, insurance with a named beneficiary, registered savings (RRSP, RRIF, TFSA) with a named beneficiary. Our free Do I need probate? check walks through this honestly.

The two streams

What to compare	Small estate	Standard
Estate value	$150,000 or less	Any value
Court forms	Shorter (Form 74.1A and friends)	Longer (Form 74A and friends)
Timing rule	Send the application to beneficiaries at least 30 days before filing	Serve beneficiaries before filing (no fixed day count)
Result	Small Estate Certificate	Certificate of Appointment of Estate Trustee

The $150,000 limit is measured on the date of death. The small-estate certificate covers the assets you list in the application.

What it costs

The court charges Estate Administration Tax when you file: nothing on the first $50,000 of estate value, then $15 for every $1,000 above that (a part of a $1,000 counts as a whole one). A $240,000 estate pays $2,850. Estates of $50,000 or less pay nothing. Work out your number with the free calculator.

Add professional costs only if you use professionals: probate lawyers commonly charge $1,500–$3,000+ for a straightforward application. Software like ours does the paperwork for a flat $199–$449. Ontario also lets you apply entirely on your own for free — the forms are public.

The steps, start to finish

1. Find the original will. The court needs the original, not a photocopy.
2. List what the person owned on the day they died, with values.
3. Fill in the court forms for your stream (see our complete list of Ontario probate forms).
4. Give notice. Everyone entitled to a share gets a copy of the application (and the will, if there is one). Small estates then wait at least 30 days.
5. File with the right courthouse — the one in the county or district where the person lived. Ontario courts accept probate applications by email; the original will still goes in on paper.
6. Pay the tax (the deposit) when you file.
7. Wait for court review. Staff check everything. Complete and correct applications get certificates; applications with errors get returned — and rejoin the queue after you fix them.
8. Receive the certificate and start settling the estate. Within 180 days, file the Estate Information Return with Ontario’s Ministry of Finance.

The one thing to take away

The court doesn’t grade on effort — it checks details. Names copied exactly, values that add up, notices on time, the right forms for the right stream. Get those right the first time and probate is mostly waiting; get one wrong and you’re re-filing months later.

Related guides

• How to probate a will, step by step
• How long does probate take in Ontario?
• Do you need a lawyer to probate a will in Ontario?

Sources

• Ontario’s guide: Apply for probate of an estate
• Small estates: Probate a small estate
• Tax: Estate Administration Tax and the Estate Administration Tax Act, 1998
• Court rules: Rules of Civil Procedure, Rules 74–74.1

All sources checked 14 July 2026.