The Probate Process in Ontario: A Guide to Ottawa Probate

Confused about probate in Ontario? This comprehensive guide covers everything you need to know about probate. Contact TDJ Law for a quote.

Written By

Todd Ji, real estate lawyer

Todd Ji

Published On

May 19, 2023


The death of a loved one can be a challenging and emotional time for family members and friends. Not only are they dealing with the grief and loss, but they may also have to deal with the legalities of the deceased's estate. One aspect of this legal process is probate, which can be a confusing and overwhelming process for those who are unfamiliar with it. Let’s explore what probate is, when it is required by law, and the benefits of having a trusted lawyer in Ottawa to help with the probate process.

The Basics of Probate

Probate is the legal process of validating a will and administering the estate of a deceased person. It involves the court overseeing the distribution of assets and payment of debts, taxes, and other expenses of the estate. The executor of the will is responsible for managing the assets and carrying out the wishes of the deceased as outlined in the will.

When Probate is Required by Law

Probate is required by law in certain circumstances. If the deceased person had assets in their name alone, without any joint ownership or beneficiary designations, then probate is required to transfer those assets to their heirs or beneficiaries. Examples of assets that may require probate include real estate, bank accounts, investments, and personal property.

Requirements for a Probate Application

To apply for probate in Ontario, certain requirements must be met:

Death certificate – A certified copy of the death certificate must be included with the probate application.

Original will – The original will must be submitted to the court with the application.

Statement of the value of the assets at the time of death – A statement of the deceased's assets and liabilities must be submitted to the court.

Completed application – A completed application for a certificate of appointment of estate trustee with a will must be submitted to the court.

Affidavit of service or lawyer's certificate of service – The person applying for probate must provide proof that all beneficiaries and interested parties have been notified of the application.

Draft certificate appointment of estate trustee court forms – The applicant must complete and file the necessary court forms.

The Process of Applying for Probate

The process of applying for probate can be complex and time-consuming. The executor must gather all the necessary information and complete the application and court forms. Once the application is submitted, it can take several months for the court to issue the certificate of appointment of the estate trustee. During this time, the executor must manage the assets and pay any bills and debts of the estate.

Benefits of Having an Expert Lawyer in Ottawa to Help With the Probate Process

Having an expert lawyer in Ottawa can be beneficial in navigating the probate process. A lawyer can help ensure that all requirements are met and that the application is submitted correctly. They can also provide guidance on managing the estate and resolving any disputes that may arise among beneficiaries. Additionally, a lawyer can provide peace of mind to the executor and beneficiaries, knowing that the process is being handled correctly and efficiently.

Get in Touch With TDJ Law for Trusted Legal Expertise and a Free Quote

TDJ Law is a trusted legal firm in Ottawa, providing expert legal services in estate planning, probate, and estate administration. Our lawyers can guide you through the probate process and provide you with peace of mind during a challenging time. Contact TDJ Law today for a free quote and trusted legal expertise.