Probate Without a Will
If you’re a spouse, partner or family member trying to figure out can you probate a Will without a lawyer, Axess Law’s Ontario probate lawyers are happy to help.

If you’re a spouse, partner or family member trying to figure out can you probate a Will without a lawyer, Axess Law’s Ontario probate lawyers are happy to help.
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).
How long probate takes in Ontario without a Will depends on the size of the estate and whether an eligible spouse or next-of-kin applies to be executor or the OPGT is appointed.
Probate can take weeks or months in smaller centres or months in the Greater Toronto Area. When court locations are physically closed to the public, having an Axess Law probate lawyer ensures probate documents are processed as quickly as possible.
We check that you have written consent from beneficiaries with a majority interest in the deceased’s estate and others who are eligible to be estate trustee to act on the deceased’s behalf.
Our licensed lawyers file applications for probate at the Ontario Superior Court of Justice office in the region where the deceased lived. If the deceased had minor children under 18 or mentally disabled dependants, we notify the Children’s Lawyer of Ontario or for a spouse with dementia their guardian, attorney or the OPGT.
Probate applies to all kinds of estates, with or without a personal 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.
Unless next-of-kin or a friend step forward to apply for probate, the Ontario Public Guardian and Trustee (OPGT) will be appointed by the court to ensure the estate is legally distributed to spouses, minor children and dependants. The estate is managed according to provincial intestate rules.
If the deceased had no spouse or children and no common law partner to make a financial claim against their estate, the proceeds may be distributed to more distant next-of-kin, in order of priority.
Axess Law’s flat rate legal fees give you the services of a professional probate lawyer without the bother of figuring out how to do it yourself. We:
Prepare the legal documents
Answer questions about the probate process
Make sworn and notarized copies of affidavits
Guide you in locating court requests to grant a certificate of estate trustee without a Will
We are rated 4.8/5 based on 1,475 reviews.
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.
"*" indicates required fields