When a person resident in Ontario dies and is the sole owner of
property (like funds in a bank account, investments with a broker,
or real estate), generally a "probated" Will is required
by the bank, investment advisor or the land registry office before
the deceased's property can be transferred. The probated Will
is proof that this is the deceased's "last" Will and
Testament and that the executor presenting the Will is the duly
appointed personal representative of the deceased person.
While it is commonplace to talk about "probating" a
Will, the process actually involves applying to the court for a
Certificate of Appointment of Estate Trustee with a Will
("Certificate"). The application must be accompanied by
an affidavit attesting to the fair market value of all property
owned by the deceased at the time of death together with payment of
estate administration tax (also referred to as "EAT" and
formerly referred to as "probate fees") based on the
value of the
