Probate in Ontario: Fees, Timelines, and the Process

Probate in Ontario is the court process that confirms an estate trustee's authority and validates a will. Ontario calls the grant a Certificate of Appointment of Estate Trustee, and the province charges an Estate Administration Tax based on the value of the estate. This is general information, not legal advice — consult a lawyer in your province.

What is probate called in Ontario?

Ontario does not issue a document called 'probate.' Instead, the Superior Court of Justice grants a Certificate of Appointment of Estate Trustee — with a will if there is one, or without a will if the person died intestate.

The certificate confirms that the estate trustee (Ontario's term for an executor) has authority to deal with the estate. Banks, investment firms, and the land registry usually require it before releasing assets or transferring property.

How much is Ontario probate tax?

Ontario charges Estate Administration Tax on the value of the estate. The first $50,000 is exempt, and the rate above that is $15 per $1,000 (1.5%). So a $500,000 estate pays roughly $6,750.

There is no upper cap, so large estates can face substantial tax. Estates valued at $50,000 or less pay nothing and may qualify for the simplified Small Estate Certificate process.

How long does probate take in Ontario?

Once a complete application is filed, the court typically issues a certificate within a few weeks to a few months, depending on the court location and backlog. Estate administration as a whole usually takes a year or more.

Executors often wait until the end of the year before distributing to allow creditors and dependants time to come forward, and to obtain a clearance certificate from the Canada Revenue Agency confirming taxes are paid.

How do you apply for probate in Ontario?

The estate trustee files an Application for a Certificate of Appointment with the Superior Court, along with the original will, an Estate Information Return, and payment of the Estate Administration Tax.

Within 180 days of receiving the certificate, the estate trustee must file the Estate Information Return with the Ministry of Finance, setting out the assets used to calculate the tax.

Can you reduce or avoid Ontario probate?

Because the tax is based on the probated estate's value, some Ontarians plan to reduce that value — for example through beneficiary designations on registered accounts and insurance, joint ownership with right of survivorship, or multiple wills for private-company shares.

These strategies carry their own legal and tax risks, so get advice before using them. A clear, valid will from a service like iFinallyWill is the foundation; advanced planning can be layered on with professional help.

Frequently asked questions

How much is probate in Ontario?
Estate Administration Tax is $15 per $1,000 on the value above $50,000, with the first $50,000 exempt. A $500,000 estate pays about $6,750, and there is no upper cap.
How long does Ontario probate take?
A certificate is often issued within a few weeks to a few months after a complete application is filed. Full administration of the estate commonly takes a year or more.
What is a Certificate of Appointment of Estate Trustee?
It is Ontario's name for a grant of probate. It confirms the estate trustee's legal authority to administer the estate and is usually required by banks and the land registry.
Is there a small estate process in Ontario?
Yes. Estates valued at $150,000 or less can use the simplified Small Estate Certificate procedure, and estates of $50,000 or less owe no Estate Administration Tax.