Real Estate Legal Services

Estates, Probate & Survivorship Applications

When a loved one passes away, dealing with the real estate they owned can feel overwhelming. We handle the property side of estate administration — probate where required, survivorship applications where it isn't, and transfers from the estate to the beneficiaries.

Fixed legal fee from $999* + HST + disbursements

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What's Included

Every estates, probate & survivorship applications file we open includes the following work, with no surprise fees added at closing:

  • Initial review of the will, death certificate and existing title
  • Determining whether probate (Certificate of Appointment) is required
  • Preparing and filing survivorship applications, where applicable
  • Calculating Estate Administration Tax (EAT) on real estate
  • Preparing the transfer from the estate to the named beneficiaries
  • Coordinating with the executor / estate trustee on signing logistics
  • Registering all required documents on title
  • Reporting to the estate trustee after registration

Our Step-by-Step Process

  1. Initial consultation
    We review the will, the death certificate and the current title to confirm what's required.
  2. Probate or survivorship?
    If the property was held jointly with a survivor, a survivorship application is enough. If not, we typically need a Certificate of Appointment (probate) before transferring.
  3. Document preparation
    We prepare the appropriate transfer or application, calculate any Estate Administration Tax, and coordinate signatures.
  4. Registration
    We register the transfer or survivorship application, paying any fees.
  5. Reporting
    Estate trustee receives a full reporting letter and the registered documents.

Documents You'll Need

  • The original will (or notarial copy)
  • The death certificate
  • Government-issued photo ID for the estate trustee(s) and beneficiaries
  • A copy of any existing Certificate of Appointment of Estate Trustee
  • Most recent property tax bill

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

Frequently Asked Questions

Do I need probate to transfer real estate from an estate?
Usually yes, unless the property was held in joint tenancy with a survivor. The land registry generally requires either a Certificate of Appointment or a first-dealing exemption for older first-registered land.
What is Estate Administration Tax (EAT)?
EAT is the Ontario tax payable when applying for a Certificate of Appointment. The current rate is approximately $15 per $1,000 of estate value over $50,000. The first $50,000 is exempt.
Can the executor sell the property before transferring to beneficiaries?
Yes — provided the will gives the executor that power (most do). We can act on the sale and remit net proceeds to the estate.
What if the deceased's name is still on title alongside a survivor?
We can complete a survivorship application — file the death certificate and update title to show the surviving owner alone. No probate is required for this.
How long does this process take?
Survivorship applications can be done within 1–2 weeks. Probate-based transfers depend on the court's timeline (currently several months in many jurisdictions in Ontario).

About Your Lawyer

Meet Jonathan Mak

Jonathan Mak, Lawyer

Jonathan Mak is a Scarborough-based lawyer serving clients across Toronto and the Greater Toronto Area. He built his practice on clear communication, responsive service and pragmatic legal strategy — whether you are facing a family transition, a business dispute, an estate matter or a sensitive personal issue.

Jonathan and his team combine technical legal skill with genuine empathy. Clients consistently note that he explains options in plain language, sets realistic expectations on cost and timing, and stays accessible throughout the file. He is committed to delivering full-service legal support that meets the standards of the GTA's most demanding clients.

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Ready to move forward?

Get a no-obligation quote within 24 hours. We close files anywhere in Ontario.

Call 416-321-8766 Get a Free Quote