Probate With a Will
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.
Probate makes collecting assets easier and affirms to beneficiaries you have the court’s approval to deal with real estate and personal possessions the deceased has left behind. 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.
For the first step to begin, you will need to apply to the Ontario Superior Court of Justice to get court authorization to act on the deceased’s behalf.
Probate court is where a deceased’s final Will and testament are 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.
At Axess Law, we take the worry out of completing court documents and getting court approval to administer an Ontario estate.
Whether you are the only applicant or next-of-kin or others challenge your right to be an estate trustee, Axess Law gives 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.
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).
Assets, where probate is legally required, include:
How long probate takes with a Will depends on the size and complexity of the deceased’s estate. Probate can take weeks or months in smaller centres or months in the Greater Toronto Area. Notifying creditors and beneficiaries, filing the right paperwork, and having probate documents reviewed by a judge all takes time.
Axess Law has probate lawyers nearby who can meet with you in person or, if it’s more convenient, arrange online video calls anywhere in Ontario to discuss probate procedures. We work with the court to process probate applications as quickly as possible and make it easier on everyone involved.
You Need Probate If:
The deceased owned real estate of their own
The deceased had personal bank accounts
The deceased had property outside Ontario
File and pay taxes
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By now you may be wondering, how can you avoid probate with a Will? Depending on the circumstances, small estates under $50,000 or where specific assets are left to designated survivors or beneficiaries may not require probate.
Many Will makers create multiple Wills to reduce estate administration taxes. A secondary Will may include assets that do not require probate, meaning you only need to probate the primary Will in an Ontario court.
Probate makes personal Wills public information. You may prefer to keep financial information private by avoiding probate altogether. Assets where probate is not necessary include:
Applying for probate with a Will requires an application to a court in the area where the deceased lived, affidavits from witnesses who executed the original Will, and an estimation of the value of the deceased’s assets. Axess Law’s Greater Toronto Area Wills attorneys prepare legal documents for filing in Ontario probate court and advise you on legal technicalities you may not know about.
We can refer you to qualified lawyers who can defend you in court if your appointment or decisions as an estate trustee are questioned. Our probate lawyers can also prepare court forms if you want to resign as estate trustee, before you begin administering the estate, or if you find the task is more than you can manage.
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 due when the probate application is submitted, by bank draft payable to the Ontario Minister of Finance.
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.
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.
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.
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