Estate Return Filing
Our probate lawyers take the worry out of completing court documents and getting court approval to administer an Ontario estate.
What is an Estate Information Return?
As an Estate Trustee, you must be prepared with an EIR. EIR (Estate Information Return) and estate return filing summarize a deceased’s assets and their value so estate administration taxes (EAT) can be settled. Axess Law can help ensure your EIR is accurate, complete, and on time.
The EIR records assets included in their Will that have gone through probate court before being distributed according to the deceased’s wishes in their final Will and testament.
As an estate trustee, you are required to make a commitment to distribute the deceased’s estate and keep accurate records of all your actions. You must list all assets that will be used to determine the value of their estate, with details about each and their fair market value. The process has to be done in a quick and efficient manner as EIRs are due within 180 calendar days of Ontario probate court approving you as an estate trustee.
The filing will require you to get a death certificate, copy of the original Will, and any changes and go to court to obtain a certificate of appointment of an estate trustee, then submit the EIR.
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.
Start a File
The legal representation you choose can help the process of probate proceed smoothly. At Axess Law, our lawyers are highly experienced and qualified to assist you in applying for probate. Bring the following for your online video conference (anywhere in Ontario) or in-person meeting at our Greater Toronto Area law offices:
Prior to closing, Axess Law will ask you for two pieces of ID. Proving your identity is obligatory to prevent fraud. You may use either two pieces of primary ID (Ontario driver’s license, passport, Ontario photo card, Canadian citizenship card with photo or Canadian permanent resident card with photo) or one primary and one secondary ID (Birth certificate, social insurance card, or major credit card with your name on it).
Carry the original Will and any revisions called codicils. We file a form 74.13 with the Ontario probate court to get a certificate of appointment of estate trustee with a Will.
You will be required to submit proof of death while filing the application. This would include documents such as a death certificate from the funeral home or coroner.
Make an itemized list of the deceased’s assets and estimated values. You can revise the asset list later if other real properties or personal possessions are located.
What to Include in an EIR?
Estate assets you should report in the EIR include:
- Ontario real estate
- bank accounts and investments
- vehicles and vessels
- property held in others’ names, such as real
- property held as tenants in common
- business interests
- copyrights, patents or trademarks
- household goods
- life insurance where the estate is beneficiary.
- Report assets located anywhere in the world.
What to Exclude in an EIR?
- properties owned as joint tenants with other owners, such as spouse or adult child with a right of survivorship
- assets in secondary Wills that pass outside the estate, such as life insurance policies
- or assets with named beneficiaries other than “estate” — typically RRSPS, TFSAs and other investments.
Mortgages and home owner credit lines secured by a mortgage can be deducted from an estate’s value, but not other debts such as car loans or credit cards. Be wary if adult children hold assets jointly with parents. The assets may be subject to tax if a court rules they were meant to be included in the estate.
The online estate information return Ontario guide has useful tips on what assets to include. Check it out at www.forms.ssb.gov.on.ca.
How Can a Probate Lawyer Assist You?
Axess Law helps you figure out estate trustee responsibilities and legal obligations in Ontario. We:
Ensure your EIR is accurate
Advise you on filing the EIR with the Ontario government
Advise you on distributing the estate to beneficiaries
Provide assistance if you are being audited by the Ontario Ministry of Finance
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Convenient Appointments
Make an appointment by calling +1.877.402.4207 or fill out our online booking form. 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.
Some FAQs
Estate information return form 9955e can be submitted online or delivered by hand, mail, courier, or fax once you have an estimate of the assets’ value. The EIR is completely different from the deceased’s final income tax return, which you must also prepare. Axess Law’s Ontario virtual Wills and estates lawyers help you understand all of your estate trustee obligations.
It’s not unusual for estate trustees to still be collecting and valuing assets before the EIR deadline is up, simply estimate their value and complete the estate information return online submission. Courts don’t expect estate trustees to be able to guess what real property, financial assets, or personal possessions are worth. Valuations are best done by asking professional appraisers for an asset’s fair market value. Appraisal costs can be deducted from the estate proceeds, with whatever is left after professional fees (including your own) going to the beneficiaries.
As an estate trustee, you can correct an inaccurate or incomplete return within four years, as long as you submit the information within 30 calendar days of discovering an error. You must complete a revised EIR and submit it the same way you did the original. If you underestimated the estates’ value, you must submit an amended EIR within 60 calendar days of receiving the new valuation. If more than four years have passed, write to the Ministry of Finance with the updated information. Assets that have been appreciated since your first estimate do not affect the estate, since taxes are based on their value on the day the deceased died.
As an estate trustee, not completing an EIR could get you in trouble. The Ontario Ministry of Finance may audit estate taxes after you submit an EIR. If you are reckless or neglectful in how you report assets, fail to file a return, commit fraud or leave out information, the taxes may be reassessed. Estate trustees can be fined from $1,000 to twice the amount of estate tax payable and/or be sentenced to up to two years in prison for misrepresenting an estate’s value.
Yes, hiring a lawyer can remove the stress of the estate returns process. With Axess Law’s Wills and Estate lawyers, you can take the complexity out of meeting strict deadlines for compliance with court undertakings and submitting information to the Ministry of Finance. We help ensure your EIR is accurate, complete, and on time. We also advise you on filing the EIR with the Ontario government and getting on with distributing the estate to beneficiaries. Axess Law helps you figure out estate trustee responsibilities and legal obligations in Ontario.