How do you probate a will in Ontario?


Quick Answer

Applications for probate are filed with the Superior Court of Justice in the district or county where the property of the deceased is located, according to the Ontario Ministry of the Attorney General. If the deceased lacked a permanent residence inside Ontario, probate occurs where the residence is located.

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Full Answer

A valid will approved by the court is granted probate, and the estate's trustee may begin carrying out the requests of the deceased, explains the Queen's Printer for Ontario. This process provides proof of the trustee's authority but is not usually legally required, notes Leanne Kaufman for the Financial Post. Probate also establishes deadlines and time limits for making claims against the estate. Payment of fees to the court may be required, and many trustees do not file for probate. If there is no will, the estate is administered according to the law and may require professional legal assistance.

Some assets transfer without probate, reports Kaufman. Typically, accounts owned jointly pass to the surviving account holder as do life insurance policies. Many financial institutions require a death certificate but do not require probate for distributing registered accounts and land. Some land registry offices require evidence of probate before permitting a land transfer.

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