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

Our probate lawyers take the worry out of completing court documents and getting court approval to administer an Ontario estate.
When you agree to be an estate trustee in Ontario, you take on legal authority to manage a deceased’s assets according to their final wishes.
Many Ontarians have no Will and die intestate. Those who write an original Will often leave valuable information out. Without regular updating, personal Wills can become quickly irrelevant where family status, investments, or property holdings are concerned.
Probate applications prove if a document is the deceased’s last Will and testament. An Ontario court judge reviews original Wills and codicils (changes made by the Will writer or estate attorney) to confirm their validity. If all your legal papers are in order, the judge issues a certificate of appointment of estate trustee with a Will. It’s the final step authorizing you to distribute an estate.
When there is no last Will and Testament, a probate application can appoint an executor on behalf of the deceased’s estate.
Once you have court approval, you can obtain bank and investment statements, hold estate sales, sell or rent real estate and give beneficiaries assets the deceased wanted loved ones to have.
Our lawyers will work with you to complete the application forms and apply for probate in the Ontario Superior Court of Justice.
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).
Probating a Will can be a straightforward legal task or complex if next-of-kin challenge your appointment. Unless the estate you are administering is very small (under $50,000), Axess Law’s probate attorneys highly recommend it.
Many Wills have errors or gaps that make their legal validity questionable. Courts can decline to confirm a Will that is problematic and treat the deceased’s estate as if there is no Will. If an estate trustee is too young (under 18), mentally infirm, senile or unable to execute the Will, the court may appoint someone else to carry on.
Talk to us at Axess Law for advice on:
Axess Law’s experienced probate attorneys help you through the process and come to your aid when a Will is challenged in court.
You Need Probate If:
You Don’t Need Probate for:
Some Will makers include assets not requiring probate in secondary Wills, such as:
Assets with named beneficiaries or subject to rights of survivorship can pass outside a Will, with no probate required.
You need probate if:
The deceased owned real estate of their own
The deceased had personal bank accounts
Foreign or non-registered investments are involved
The deceased had property outside Ontario
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Probate court judges will examine the probate application your Axess Law lawyer presents. The court will then collect the estate administration tax, based on the estimated value.
You pay:
Taxes are owed when the probate application is submitted, via bank draft payable to the Minister of Finance.
Axess Law’s Ontario probate consultants are highly experienced and can help you apply for probate in a court near you. They offer legal advice on Ontario estate law, review Wills for probate and draft probate applications with a Will or without a Will. They can even inform you about filing deadlines for final income taxes and estate tax returns and to ensure creditors, mortgages and property taxes are paid on time.
As estate trustee, you hope probate will go quickly and efficiently. Errors or omissions on court forms can delay your application. Having a probate lawyer reduces how long is needed for probate applications to be granted. We guide you through the process to ensure everything is in order and advise you what to do if others object to your application.
Probate can take two to four weeks in smaller municipalities or months in the Greater Toronto Area. Our probate lawyers nearby can meet with you in person or, if it’s more convenient, arrange probate video calls anywhere in Ontario.
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