Not every estate requires probate. The assets and the requirements of the institutions holding them often determine whether a certificate is needed.
The starting point
Probate is the court process used to confirm or grant authority to an estate trustee and, where applicable, formally recognize the will. Ontario calls the regular court document a Certificate of Appointment of Estate Trustee.
What to be careful about
A bank, investment institution, land registry issue or other asset holder may require a certificate before recognizing the estate trustee's authority. Ontario recommends checking whether the person or institution holding the asset requires probate before applying.
How a lawyer can assess the issue
Ontario also has an optional simplified Small Estate Certificate process for estates valued at $150,000 or less. Estates above that threshold use the regular certificate process where probate is required.
Current Ontario context
Before filing, identify the estate assets and values, locate the original will if one exists, obtain proof of death and determine which court process applies. Estate Administration Tax and filing requirements may also need to be addressed.
Before a consultation
Bring the documents that control the issue and a short chronology of important dates. Avoid sending original documents or unnecessary sensitive information through a general website form.