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ARTICLE · 18 NOVEMBER 2021

"Probate" In Ontario: Common Questions And Concerns

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In all estates, the estate trustee will need to consider whether they must "probate" the estate. The probate process is conducted by the proposed estate trustee submitting a court application...

CanadaFamily and Matrimonial
Laura Geddes
Laura Geddes
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What is Probate?

In all estates, the estate trustee will need to consider whether they must "probate" the estate. The probate process is conducted by the proposed estate trustee submitting a court application to obtain a Certificate of Appointment of Estate Trustee. This Certificate confirms that the named estate trustee is the person with the authority to deal with the assets of the estate.

In addition to confirming the status of the estate trustee, probate also includes paying Estate Administration Tax (commonly referred to as probate tax).

Do I need to Probate?

Whether or not probate is needed typically depends on the nature of the assets in the estate and who the estate trustee needs to deal with to administer the estate.

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