When someone passes away, their property, belongings, and debts make up their estate. In Ontario, only an estate trustee has the legal authority to manage or distribute that estate.

Probate is the court process used to:

• Appoint or confirm the estate trustee, and

• Validate the deceased’s last will.

You apply for probate through the Ontario Superior Court of Justice, which may issue one of two certificates:

• Small Estate Certificate – for estates valued up to $150,000

• Certificate of Appointment of Estate Trustee – for estates over $150,000

Not every estate requires probate. It often depends on the types of assets involved. Estates with real property or bank-held investments usually must go through probate.

You may need to apply for probate if:

• The deceased had no will or no named trustee

• A bank or financial institution needs proof of authority

• The estate includes real property that must be sold or transferred

• There’s a dispute about the will or who should act as trustee

• A beneficiary cannot provide legal consent

If you have questions pertaining to probate, it's important to speak to a lawyer or probate professional. Feel free to contact The Cliff Barron Team for any related real estate information.