Question 1

What is probate in Ontario?

Accepted Answer

Probate is the court process of officially confirming a will and authorizing the estate trustee (executor) to administer the estate. In Ontario, this involves applying to the Superior Court of Justice for a Certificate of Appointment of Estate Trustee.

Question 2

How much does it cost to get a Certificate of Appointment of Estate Trustee in Ontario?

Accepted Answer

In Ontario, the Estate Administration Tax (probate fees) is approximately $15 per $1,000 of estate value over $50,000. Legal fees for preparing the probate application vary based on the complexity of the estate.

Question 3

Do I need a lawyer to make a will in Ontario?

Accepted Answer

You are not legally required to use a lawyer to make a will in Ontario, but having a lawyer draft or review your will helps ensure it is valid, clearly expresses your wishes, and minimizes the risk of disputes or costly errors.

Question 4

What is a power of attorney in Ontario?

Accepted Answer

In Ontario, a power of attorney is a legal document in which you authorize someone you trust (your attorney) to make decisions on your behalf. There are two types: a Continuing Power of Attorney for Property (for financial decisions) and a Power of Attorney for Personal Care (for healthcare and personal decisions).

Question 5

What is a Graduated Rate Estate (GRE)?

Accepted Answer

A Graduated Rate Estate (GRE) is a designation under the Income Tax Act (Canada) that allows an estate to be taxed at graduated (lower) income tax rates for up to 36 months after the date of death, rather than at the top marginal rate. Qualifying as a GRE can result in significant tax savings for the estate.

Question 6

How long does probate take in Ontario?

Accepted Answer

The time to obtain a Certificate of Appointment of Estate Trustee in Ontario varies. For straightforward applications filed with the Superior Court of Justice, the process typically takes two to six months, though complex estates or court backlogs may extend this timeline.

Practice Areas

Estate Planning

Wills

Trusts

Powers of Attorney

Probate