Understanding Probate

Probate is an essential legal process that occurs after someone passes away, and understanding the Probate process is crucial for executors and beneficiaries alike. In this blog, we will provide an overview of the Probate process in Ontario while breaking it down into simple digestible steps, providing you with a clear understanding of what you can expect. 
 
What is Probate? 
Probate is a legal process that validates a deceased person's will (if there is one) and grants authority to the executor to administer the estate. It will involve obtaining a Certificate of Appointment of Estate Trustee from the Superior Court of Justice. If you are unsure if Probate is needed, we highly suggest that you consult with a professional to seek advice!  
 
First Steps: 
The executor-to-be initiates the Probate process by filing an application with the Superior Court of Justice. The application includes various court documents which will need to be witnessed by a Commissioner of Oaths, the original will, death certificate, an inventory of estate assets, and eventually an estate information return. Note that the application must be served to the beneficiaries of the estate. Executors can choose to apply on their own, however, to ensure accuracy and avoid costly delays, many choose to hire professionals to assist with the process.  
 
After Submitting the Probate Application: 
The court reviews the submitted application documents to ensure that the information provided is valid and meets the legal requirements. If the court approves the application, it issues a Certificate of Appointment of Estate Trustee. This document grants the executor the legal authority to administer the estate, including managing assets, paying debts, and distributing inheritances to the beneficiaries. 
 
Probate in Ontario may seem complex, but understanding the overview of the process can help ease the burden for both executors and beneficiaries. Understanding Probate also empowers individuals to plan their estates effectively and ensure that their wishes are carried out seamlessly. Remember, seeking professional legal advice is always recommended to ensure compliance with Ontario's specific Probate laws and regulations, as they do change over time!  

If you have questions surrounding Probate, or find you need professional advice - click here to book a consultation with a member of our team. 

This blog is not intended to be legal advice and should not be relied on as such. If you require legal advice, please contact a legal professional concerning your particular circumstances.