01
What is the Certificate of Appointment of Estate Trustee?
Commonly known as "probate," a Certificate of Appointment of Estate Trustee is a document issued by the Ontario Superior Court of Justice. It proves you have the legal authority to administer the deceased person's estate and that the will you are using (if there is one) is the valid last will.
02
Do I need probate in Ontario?
Whether probate is required depends entirely on the types of assets the deceased owned. Financial institutions and land registry offices often require a Certificate of Appointment before they will allow the estate trustee to access funds or transfer real estate.
03
How long does probate take?
The timeline varies significantly depending on the complexity of the estate and the current processing times at the local Ontario Superior Court of Justice. Gathering the necessary documents, valuing assets, and preparing the application takes time, followed by the court's review period.
04
What are Ontario's Estate Administration Taxes?
In Ontario, Estate Administration Tax is charged on the total value of the estate. Currently, there is no tax on the first $50,000 of the estate's value, and $15 for every $1,000 (or part thereof) on the value exceeding $50,000. Proper valuation of assets at the date of death is a critical responsibility of the estate trustee.