Estate Administration & Probate Lawyer in Scarborough & Toronto

What's Included

Our estate administration & probate practice covers the full scope of work most clients need:

• Certificate of Appointment of Estate Trustee (probate)
• With- and without-a-will applications
• Notice to beneficiaries
• Estate Administration Tax calculation
• Asset collection and valuation
• Debt and tax clearance
• Final accounting
• Distribution and releases

What to Bring

• Original will and codicils
• Death certificate
• List of assets and approximate values
• Beneficiary contact information
• Outstanding debts and bills

Don't have everything ready? Send what you have and we'll guide you through the rest.

Estate Administration & Probate in Ontario

Being appointed executor (formally called Estate Trustee in Ontario) is a serious legal responsibility. You are personally liable to the beneficiaries, the Canada Revenue Agency and the estate's creditors for handling things correctly. Our estate-administration lawyers in Scarborough guide executors through every step — from the initial application to the final distribution — so the file is handled properly and the executor is fully protected.

The estate-administration roadmap

1. Initial intake. We meet with the executor to identify the original Will, review the estate's assets and debts, and confirm whether probate is needed.
2. Notice to beneficiaries. Ontario requires that everyone with a financial interest in the estate receive notice of the probate application.
3. Probate application. We prepare and file the application for a Certificate of Appointment of Estate Trustee, with or without a Will, at the appropriate Estates Court.
4. Estate Administration Tax. Calculated at 1.5% on estate value over $50,000 (with the first $50,000 exempt) and payable on filing or by deferral arrangement.
5. Asset collection. Transfer bank and investment accounts, redirect or sell real estate, claim insurance, and convert assets to cash where appropriate.
6. Debt and tax clearance. Settle all debts and file the deceased's final T1, the T3 trust return, and obtain a Clearance Certificate from CRA before distributing.
7. Final accounting and distribution. Provide a formal accounting to the beneficiaries, obtain releases, and distribute the residue.

When is probate actually required?

Probate is normally required when there is real estate registered solely in the deceased's name (other than land that automatically passes by survivorship), where banks or investment firms require a Certificate before releasing funds, or where the Will's validity must be confirmed. Carefully structured estate plans can reduce or avoid probate, but most Ontario estates still need a Certificate.

Toronto Estates Court timelines

The Toronto Estates Court is currently issuing Certificates of Appointment within roughly 8–16 weeks of a complete application, longer if documents are returned for correction. We prepare clean applications the first time to avoid the back-and-forth that doubles processing time.

Protecting the executor

We routinely advise executors to publish a Notice to Creditors, hold back a reserve before distribution, obtain the CRA Clearance Certificate, and (in some cases) seek formal court approval of the accounts. These steps cost very little and provide enormous personal protection.

Just been named as an executor? Reach out before you act — the first week of decisions is the most important.