Probate Law

Our probate lawyers take the worry out of completing court documents and getting court approval to administer an Ontario estate.

Probate Lawyers in Ontario

Losing a loved one is traumatic. Why make it more complicated or difficult than it needs to be? At Axess Law, our lawyers are highly experienced and qualified to assist you in applying to probate a deceased’s last Will and testament. Before you distribute Wills and estates to beneficiaries, ask our cheap lawyers (Toronto and nearby) to help you get a certificate of appointment of estate trustee from an Ontario probate court. Even if you are named executor in a personal Will, your right to distribute a next-of-kin’s estate could be challenged in court. Axess Law online probate lawyers show you where to take a Will to get permission to probate it and what to do if your legal authority as estate trustee is questioned.

A probate lawyer is a licensed attorney who works with the executors and the beneficiaries of an estate to settle the affairs of the decedent. At Axess Law, our lawyers are highly experienced and qualified to assist you in applying to probate a deceased’s last Will and testament. Our probate lawyers take the worry out of completing court documents and getting court approval to administer an Ontario estate.

Types of Probate

Probate Without a Will​

When a friend or loved one dies intestate without a Will, their real property and personal possessions are distributed to specific beneficiaries, regardless of what their last wishes may have been. A probate allows you to act as the personal representative or executor (also called estate trustee) for an Ontario resident.

Axess Law’s licensed lawyers file applications for probate at the Ontario Superior Court of Justice office in the region where the deceased lived. We guide you in locating information courts request to grant a certificate of estate trustee without a Will and answer any questions you have about the probate process.

Probate With a Will​

As an Estate Trustee, you will need to apply to the Ontario Superior Court of Justice to get court authorization to act on the deceased’s behalf. A probate certificate allows you to access financial accounts, settle debts, pay final income taxes, and use the deceased’s assets to pay mortgages and other estate expenses.

Axess Law’s Ontario probate lawyers prepare sworn and notarized affidavits to make court applications for a certificate of appointment as an estate trustee with a Will. We give you practical legal advice at affordable fees or referrals to services that can assist you. We answer all your questions to make administering a final estate easier.

How It Works

01

Book Your Appointment

Click on ‘Get Started’ to submit your details. Our client care team will contact you shortly to schedule your appointment with the lawyer.

02

Meet With The Lawyer

Your first probate consultation is free, without obligation. An Axess Law lawyer will give you a probate quote and answer any probate questions you have.

03

Apply For Probate

Our lawyers will work with you to complete the application forms and apply for probate in the Ontario Superior Court of Justice.

We Make It Easy For You

Expert Advice

Our team of experienced lawyers gives you expert guidance to make informed decisions.

Virtual Appointment

Our lawyers are available across Ontario to meet you virtually. If you wish to meet in person, we have 5 offices across the GTA and Ottawa.

Extended Business Hours

Our lawyers are available 7 days a week from morning to evening so that you don't have to take time off from work.

Our Services

Legal Fee

Consultation

Free

Probate Without a Will

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Probate With a Will

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Complex Estate Planning

Sophisticated business owners or investors often make multiple Wills which include primary, secondary or more Wills. Business shares, valuable antiques, or foreign investments may be distributed differently, requiring probate law advice from an experienced legal professional.

Axess Law will advise you if assets need probate attention or not. We discuss mandatory estate information return filing, due within 180 days of your appointment, and preparing final income tax returns.

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Convenient Appointments

Axess Law gives you the choice of booking an online or in-person appointment. Our lawyers are available 7 days a week, at times convenient for you. We can meet in person, by phone, email, or via a remote video call. In addition to these, there are 5 Axess Law offices located across the Greater Toronto Area – all with onsite parking or easily accessible by public transit.

What Our Customers Say About Us

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Some FAQs

A probate court is where a deceased’s final Will and testament is validated as genuine and your appointment as estate trustee confirmed. As long as there is a Will, a visit to probate court is a wise move for any Ontario executor.

Probate law requires executors to apply to court if a deceased:

  • owned Ontario real estate, their own or as tenants in common
  • has vehicles, motorbikes, RVs, trucks, boats, or trailers
  • owned a business without making a succession plan to pass it on
  • has substantial bank accounts not held jointly with others
  • or has a bank, creditors, or investment company who demand proof of an executor’s legal authority.

Not all Wills require probate. You can often bypass probate court if a deceased had a secondary Will or named beneficiaries for assets like life insurance policies, stocks, and bonds, RRSPs, or RRIFs or TFSAs.

Some estates are so small that probate is impractical. Small estate certificates allow executors to distribute assets without all the formalities. Ask our probate lawyers how to manage Wills and estates with no or little assets.

Executors, estate trustees, or personal representatives have legal and financial responsibilities to:

  • Follow a Will’s directions
  • Act prudently
  • Keep beneficiaries’ interests in mind
  • Protect and grow assets in Wills
  • Keep proper financial accounts
  • Treat beneficiaries (heirs) fairly
  • Not profit personally at beneficiaries’ expense
  • Perform responsibilities ably.
  • Unless an estate is complex or in court, you have about a year to distribute a Will.
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